Bache v. Central Coal & Coke Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. Plaintiff had no right to tear down and remove the tipple. Jones Landl. & Ten., § 590', 103 Ind. 203. The provisions of the lease as to removal are absolutely controlling.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. Plaintiff had no right to tear down and remove the tipple. Jones Landl. & Ten., § 590', 103 Ind. 203. The provisions of the lease as to removal are absolutely controlling. Jones Landl. & Ten., § 713; 41 Conn. 471; 23 Vt. 222; 50 Atl. 1092; 48 Id. 38. A tipple is machinery like a railroad track. 86 N. E. 837; 81 N. E. 1103; 64 S. E. 65. It does not come within the definition of “machinery.” 85 Fed. 218; 11 So. 41; 81 Fed. 289; 21 So. 167. 2. Appellee had no right to remove machinery after the lease expired. Jones…
1Opinion of the CourtSmith, J.
This is a suit in replevin brought by the Central Coal & Coke Company against John Shaleen, and other defendants, who are the appellants- here. The suit was brought to recover possession of certain property belonging to a mine which was owned by the Hartford Coal Company, which mine was by that company leased to the plaintiff Central Coal & Coke Company, hereinafter referred to as the appellee. The Hartford Coal Company, a corporation, leased certain lands to E. W. Hoffman for coal mining purposes. Hoffman assigned the lease to the Hoffman Coal Company, which later failed, and, by proper…
2Cases cited9 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Wright v. MacDonnellTexas Supreme Court · 1895
- Shellar v. ShiversSupreme Court of Pennsylvania · 1895
- Ozark v. AdamsSupreme Court of Arkansas · 1904
- Mickle & Co. v. DouglasSupreme Court of Iowa · 1888
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3Cited by20 opinions
- State v. Birmingham Rail & Locomotive Co.Supreme Court of Alabama · 1953
- Bank of Shelbyville v. HartfordCourt of Appeals of Kentucky (pre-1976) · 1937
- Continental Gin Co. v. ClementSupreme Court of Arkansas · 1928
- Lemmons v. United StatesUnited States Court of Claims · 1974
- Buscaglia v. Tribunal de Contribuciones de Puerto RicoSupreme Court of Puerto Rico · 1947
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