Madison v. Garfield Coal Co.
Supreme Court of Iowa
Appeal from Mahasha District Gourt. — IIon. A. H. Dewey, Judge. Plaintiffs are tbe owners of a tract of 80 acres of land (limited, however, by reservations to 73 acres), which was, in 1890, leased by them to defendants for the purpose of mining coal. Defendants have been using plaintiffs’ land not only to mine coal therefrom, but also for the purpose of running out coal from adjoining land, which they have leased for mining purposes.
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Appeal from Mahasha District Gourt. — IIon. A. H. Dewey, Judge. Plaintiffs are tbe owners of a tract of 80 acres of land (limited, however, by reservations to 73 acres), which was, in 1890, leased by them to defendants for the purpose of mining coal. Defendants have been using plaintiffs’ land not only to mine coal therefrom, but also for the purpose of running out coal from adjoining land, which they have leased for mining purposes. Plaintiffs having, in 1891, at the time defendants commenced this additional use of plaintiffs’ land, served notice on the defendants not to use their land for…
1Opinion of the CourtMcClain, J.
1 I. Although a prior adjudication, if it involved the construction of the contract now before us, would be conclusive in this case, we prefer to consider first the construction of the contract itself. Without setting it out in full, we may collect the provisions which are involved in this controversy as follows: By its terms the plaintiffs lease to defendants, for the purpose of mining coal, the said coal lands, and give them the power to mine and remove all coal underlying said lands. The defendants are to pay for all coal taken out of said mine at a specified royalty per ton, payable…
2Cases cited14 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Bell v. . MerrifieldNew York Court of Appeals · 1888
- Sarah v. ReadIllinois Supreme Court · 1882
- Bissell v. Spring Valley TownshipSupreme Court of the United States · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Clayborn v. Camilla Red Ash Coal Co.Supreme Court of Virginia · 1920
- Hogle v. SmithSupreme Court of Iowa · 1907
- Black v. MillerSupreme Court of Iowa · 1912
- School Township v. Independent School DistrictSupreme Court of Iowa · 1907
- Thos. Beck & Sons v. Economy Coal Co.Supreme Court of Iowa · 1910
13 more not listed; retrieve them via the Exa API.