Mitchell v. Burwell
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. D. R. Hindman, Judge. Action in equity to recover sums alleged to be dufe the plaintiff for mining coal and other labor performed by himself and bis assignors, and for penalties, attorney’s fees, and costs, and to have established and-enforced against the land in which the mining was done, improvements thereon, and personal property used in operating the mine, a lien for the amount due, and for general equitable relief.
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Appeal from Boone District Court. — Hon. D. R. Hindman, Judge. Action in equity to recover sums alleged to be dufe the plaintiff for mining coal and other labor performed by himself and bis assignors, and for penalties, attorney’s fees, and costs, and to have established and-enforced against the land in which the mining was done, improvements thereon, and personal property used in operating the mine, a lien for the amount due, and for general equitable relief. There was a hearing on the merits, and a decree for the plaintiffs. The defendants Mary Burwell and A. O. Bunveil appeal.—
1Opinion of the CourtRobinson, C. J.
*121 *11Facts,admitted or established by the evidence are substantially as follows: The defendants are-' the Eclipse Coal Company, B. J. Mallory, A. M. Norris, Mary A. Norris, Mary E. Burwell, and A. E. Burwell. On the 14th day of September, 1896, .Mary Nutt, now the defendant, Mary Burwell, was the owner of a tract of eighty acres of land in Boone county, on which there was a co-al mine. On the day specified she leased to the defendant Mallory the land, together with the coal-mining machinery,, apparatus, shafts, entries, and improvements, for the term *12of five years. As a consideration for tbe…
2Cases cited2 opinions
- Reynolds v. BlackSupreme Court of Iowa · 1894
- Lambert v. DavisCalifornia Supreme Court · 1897
3Cited by6 opinions
- Caster v. McClellanSupreme Court of Iowa · 1906
- George Haw & Co. v. Burch Bros.Supreme Court of Iowa · 1900
- Rickabaugh v. FerrickSupreme Court of Iowa · 1924
- Tracey v. JudySupreme Court of Iowa · 1926
- Ford v. DaytonSupreme Court of Iowa · 1926
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