State v. Hobart Iron Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover a balance of $1,401.75, royalty due under a state mining lease. The answer alleged that plaintiff had been paid in full for all the iron ore defendant had taken out, mined and carried away from the Majorca mine up to July 1, 1918; that all the iron ore taken by defendant was weighed by the railroad company and the total weight thereof was 28,421 tons.
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Action in the district court for St. Louis county to recover a balance of $1,401.75, royalty due under a state mining lease. The answer alleged that plaintiff had been paid in full for all the iron ore defendant had taken out, mined and carried away from the Majorca mine up to July 1, 1918; that all the iron ore taken by defendant was weighed by the railroad company and the total weight thereof was 28,421 tons. It further alleged that the merchantable shipping iron ore is to a considerable extent mixed with sand and silica, dirt, rock and useless materials; that by means of a' “washing plant”…
1Opinion of the CourtDibble, J.
This is an action by the state to recover royalties upon a mining lease. There was judgment for the defendant and the state appeals.
The defendant operates the Majorca mine under a lease from the state. The lease was granted to its assignors in 1902, and is in the statutory form. Laws 189.5, p. 227, c. 105, § 4; G. S. 1913, § 5315. It recites that the premises are leased “for the purposes of exploring for, mining, taking out and removing therefrom, the merchantable shipping iron ore, which is or which hereafter may be found,” etc. The lessee agrees to pay “for all the iron ore mined and…
Also in this document: Per curiam.
2Cases cited10 opinions
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Genet v. President, Managers & Co. of Delaware & Hudson Canal Co.New York Court of Appeals · 1900
- Flavelle v. Red Jacket Consolidated Coal & Coke Co.West Virginia Supreme Court · 1918
- Ellis v. Cricket Coal Co.Supreme Court of Iowa · 1914
- Wright v. Warrior Run Coal Co.Supreme Court of Pennsylvania · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Inter-State Iron Co. v. ArmsonSupreme Court of Minnesota · 1926
- Pillsbury Flour Mills Co. v. Lake Superior Consolidated Iron MinesSupreme Court of Minnesota · 1929
- Hobart Iron Co. v. CommissionerUnited States Board of Tax Appeals · 1934
- Belle Cheney Springs Land & Development Co. v. Belle Cheney Sand & Gravel Co.Louisiana Court of Appeal · 1936
- Hobart Iron Co. v. CommissionerUnited States Board of Tax Appeals · 1934