Gilreath v. Carbon Hill & L. C. Coal Co.
Supreme Court of Alabama
Appeal from Walker Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Belton Gilreath as trustee against the Carbon Hill & Lost Creek Coal Company to annul a coal léase and to deliver up leased premises, and for an injunction. Prom a decree dissolving a preliminary injunction complainant appeals. The court improperly granted a motion to dissolve the temporary injunction. — Dennis v. M. JcM. By.
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Appeal from Walker Chancery Court. Heard before Hon. Alfred H. Benners. Bill by Belton Gilreath as trustee against the Carbon Hill & Lost Creek Coal Company to annul a coal léase and to deliver up leased premises, and for an injunction. Prom a decree dissolving a preliminary injunction complainant appeals. The court improperly granted a motion to dissolve the temporary injunction. — Dennis v. M. JcM. By. Co., 137 Ala. 657; Bank v.' Tyson, 133 Ala. 474; Whaley v. Wilson, 112 Ala. 630; N inning er v. Norwood, 72 Ala. 277. The court did not err in dissolving the temporary injunction. — Harrison…
1Opinion of the CourtSimpson, J.
— The bill in this case was filed by the appellant against appellees — the Carbon Hill & Lost Creek Coal Company, P. M. Long, as executor of B. M. Long, deceased and Peyton Norvell — seeking to cancel a lease, to require said coal company to deliver up the leased premises, also to recover amounts due by said company for royalties, and to enjoin said company from operating the coal mines on the leased premises. A preliminary injunction was issued, and was dissolved, on the coming in of the answer, and on affidavits filed by both parties. The appeal is from the decree dissolving the injunction.
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2Cases cited8 opinions
- East & West Railroad Co. of Alabama v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Alabama · 1883
- Chambers v. Alabama Iron Co.Supreme Court of Alabama · 1880
- Davis v. Sowell & Co.Supreme Court of Alabama · 1884
- Satterfield, Ex'r. v. JohnSupreme Court of Alabama · 1875
- New England Mortgage Security Co. v. PowellSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bradley v. JonesSupreme Court of Alabama · 1968
- Rice v. DavidsonSupreme Court of Alabama · 1921
- Thompson v. JohnsonSupreme Court of Alabama · 1918
- Booth v. S. & H. Laboratories, Inc.Alabama Court of Appeals · 1958
- Lauderdale v. McAllisterSupreme Court of Alabama · 1915
2 more not listed; retrieve them via the Exa API.