Campbell v. Homer Ore Co.

Plaintiffs sue for unauthorized mining, removal and sale of 52,000 tons of iron ore from a 60-acre tract in Iron county known as the Minckler mine, in which plaintiffs have an undivided 1/24 interest.

On January 15, 1913, Minckler, the owner of the tract, made a lease to Woodworth for a term of 50 years, with unconditional right of termination -on 60-days’ notice. The tract had not then been mined. Plaintiffs acquired their interest December 4, 1936, expressly subject to the lease.

Defendant acquired all of the lessee interest besides 1/6 of the fee, and thereafter made an agreement with all…