Mickle & Co. v. Douglas
Supreme Court of Iowa
Appeal from, Monroe District Court. — Hon. E. L. Burton, Judge. Action upon a lease granting the right to mine coal. Plaintiffs seek to recover damages for the breach of an implied covenant for quiet enjoyment, and also to recover the value of certain buildings erected on the premises, which the defendants converted to their own use. Trial to the court, and judgment for defendants. Plaintiffs appeal.
1Opinion of the CourtSeevebs, C. J.
1. Mmnra lease: im|iied°re“erfaoe-owner™r' rights, — I. A sufficient statement of the material facts applicable to the first point determined, we think, is the following : The defendants, or those under whom they claim, owned certain real estate, which was underlaid with coal. Works had been erected, a shaft constructed, and coal mined, when the defendants leased said works and all property on the premises used for mining coal to the plaintiffs, together with the right to mine coal, for which the latter agreed to pay royalty for all coal mined. The plaintiffs, under the lease, had no right to…
2Cases cited5 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Vilas v. MasonWisconsin Supreme Court · 1870
- Dostal v. McCaddonSupreme Court of Iowa · 1872
- District Township v. MooreheadSupreme Court of Iowa · 1876
- Russell v. RichardsSupreme Judicial Court of Maine · 1834
3Cited by21 opinions
- Fischer v. Johnson Lane & Co.Supreme Court of Iowa · 1898
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- Ray v. YoungSupreme Court of Iowa · 1913
- Bache v. Central Coal & Coke Co.Supreme Court of Arkansas · 1917
- Updegraff v. LesemColorado Court of Appeals · 1900
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