Suffern v. Butler

The opinion of the court was delivered by

Woodhull, J.

The appellants found their claim to relief wholly upon the instrument called the mining lease, the effect of which, as they-insist, is to give them a perpetual right to enter and to conduct mining operations upon certain lands of the respondents. Another agreement, stated to have been executed some days after, but bearing the same date as the lease and endorsed thereon, is set out at length in the bill, not because anything was claimed under it, but for the purpose of raising and pressing upon the attention of the court *411a question of…