Williams v. Gibson
Supreme Court of Alabama
Appeal from Walker Circuit Court. Tried before tbe Hon. S. H. Sprott. This was an action in tbe nature of ejectment under tbe statute, brought by appellee, Gibson, for tbe “ surface” of certain lands out of which tbe “minerals,” &c., bad been previously granted, described in tbe complaint as follows, viz : “ Tbe northeast quarter of southwest quarter, and all of that part of tbe southeast quarter of southwest quarter, situate or lying north of tbe Georgia Pacific [Railway,…
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Appeal from Walker Circuit Court. Tried before tbe Hon. S. H. Sprott. This was an action in tbe nature of ejectment under tbe statute, brought by appellee, Gibson, for tbe “ surface” of certain lands out of which tbe “minerals,” &c., bad been previously granted, described in tbe complaint as follows, viz : “ Tbe northeast quarter of southwest quarter, and all of that part of tbe southeast quarter of southwest quarter, situate or lying north of tbe Georgia Pacific [Railway, section 28, township 15, range 9 west, situate in said county of Walker, State of Alabama, except all tbe coal and other…
1Opinion of the Court
SOMERVILLE. J.'
The present suit, which is one of ejectment under the statute, involves a controversy between the superjacent and subjacent owners of land, upon which there is a coal mine, opened and in process of being worked by the defendant. The plaintiff, Gibson, is the owner of the surface, and the defendant Williams, of the “coal and other minerals,” with certain incidental and other rights, derived through various mesne conveyances from one Green B. Erost, the original owner in fee simple of the premises. In November, 1881, Erost conveyed to one Peters “all the coal and other minerals…
2Cases cited4 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Wilms v. JessIllinois Supreme Court · 1880
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- Melton v. LambardCalifornia Supreme Court · 1876
3Cited by53 opinions
- Jilek v. Chicago, Wilmington & Franklin Coal Co.Illinois Supreme Court · 1943
- Amoco Production Co. v. Southern Ute Indian TribeSupreme Court of the United States · 1999
- Scott v. LawsCourt of Appeals of Kentucky · 1919
- Hooper v. Bankhead & BankheadSupreme Court of Alabama · 1911
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
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