Ashmore v. Skene Lead Co.

Me. Pbesiding Justice Dibell

delivered the opinion of the court.

Henry Ashmore was the owner of certain lands, and executed a lease to George Skene, giving Skene the right to mine said lands for lead, zinc or other ores at a certain royalty reserved as to lead and zinc ores, and with no provision for royalty upon any other ore or product from the mines. By assignment from Skene through successive parties, the lease became the property of appellee. The mine was worked for several years and, in the process of working it, certain refuse, called “tailings” or “chatts” was piled up on the surface of…