Chamberlain v. Collinson
Supreme Court of Iowa
Appeal from, Dubuque District Court. The plaintiff avers in bis petition, in substance, that he is .the owner of the mining right on what is known as the Level Eange through mineral lot 268, in Julien township, Dubuque county, Iowa, and has the exclusive right to work on said range, and dig and. take away mineral from the same; that the defendants never had any right to work on said range, except along and in the cap rock; and the said right to work in the cap rock they…
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Appeal from, Dubuque District Court. The plaintiff avers in bis petition, in substance, that he is .the owner of the mining right on what is known as the Level Eange through mineral lot 268, in Julien township, Dubuque county, Iowa, and has the exclusive right to work on said range, and dig and. take away mineral from the same; that the defendants never had any right to work on said range, except along and in the cap rock; and the said right to work in the cap rock they abandoned, and for more than six months ceased all work and labor therein, whereby their right to take mineral out of said…
1Opinion of the CourtAdams, J.
The defendants claim by lease from the Dubuque Level and Lead Mining Company. The plaintiff claims by purchase at an execution sale under a judgment against said company. The defendants claim the right to mine from what is called the grave yard shaft to the Carter pond shaft, a distance of about 1400 feet.
The plaintiff denies such right, and claims that at most they acquired the right to mine only from the said grave yard shaft to the gin shaft, a distance of about 500 feet.
The first question to be determined is: Did the defendants acquire any right from said company, and if so, what was the…
2Cited by12 opinions
- Bender v. BrooksTexas Supreme Court · 1910
- Meeker v. GardellaWashington Supreme Court · 1890
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Kahle v. Crown Oil Co.Indiana Supreme Court · 1913
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