Legal Opinion

Kissick v. Bolton

Supreme Court of Iowa

Decided June 5, 1907PublishedCited by 14 opinions

Appeal from Mahaska District Court.- — -Hon. Byron W. Preston, Judge. Action for royalty alleged to be due under a mining lease. A demurrer to the petition was overruled, and, as defendants refused to plead over, judgment was entered as prayed. Defendants appeal.—

1Opinion of the CourtLadd, J.

This appeal is from the ruling on a demurrer to the petition. It seems that J. B. Bolton and C. A. Hoover had contracted with plaintiffs for the coal underlying their .lands “ at and for the consideration of six and one-fourth cents per ton for all screen lump coal passing over one and one-fourth-inch screen or such as may be provided by law, and four and one-fourth cents per ton • for mine run coal, which royalty shall be paid ” monthly. They *651agreed to “ commence to take said coal from under said lands within one year from said date, and to begin to pay said royalty, but, in the event that…

2Cases cited4 opinions

  1. Powder Co. v. BurkhardtSupreme Court of the United States · 1878
  2. Western Union Tel. Co. v. American Bell Tel. Co.U.S. Circuit Court for the District of Massachusetts · 1900
  3. Executors of Nolan v. BoltonSupreme Court of Georgia · 1858
  4. Hartje v. CollinsSupreme Court of Pennsylvania · 1863

3Cited by14 opinions

  1. State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
  2. Bellport v. HarrisonSupreme Court of Kansas · 1927
  3. Crain v. WestCourt of Appeals of Kentucky · 1921
  4. Dunlap v. JacksonSupreme Court of Oklahoma · 1923
  5. In re the Judicial Settlement of the Account of the First Trust & Deposit Co.Appellate Division of the Supreme Court of the State of New York · 1924

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