Brooks v. Cook
Supreme Court of Alabama
Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This was .an action brought by the appellees ag’ainst the appellants to recover $75, the amount of 5 months royalty alleged to be due upon a lease executed by the plaintiffs to the defendants, by which lease the plaintiffs granted to the defendants the right and privilege to mine all iron ore in and under certain designated lands.
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Appeal from the City Court of Talladega. Tried before the Hon. G. K. Miller. This was .an action brought by the appellees ag’ainst the appellants to recover $75, the amount of 5 months royalty alleged to be due upon a lease executed by the plaintiffs to the defendants, by which lease the plaintiffs granted to the defendants the right and privilege to mine all iron ore in and under certain designated lands. The defendants pleaded the general issue, and also interposed, by special jileas, the defense that said contract of lease was based upon the supposition indulged in by the parties thereto…
1Opinion of the CourtTyson, J.
The lease upon which the plaintiffs predicate their right of recovery is simply a grant to the defendants of the right and privilege to mine all iron ore in and under the land designated therein as belonging to the plaintiff, for a period of ten years. For this right, the plaintiffs were to be compensated by a royalty of fifteen cents, to be paid to them by defendants upon every standard ton of ore mined ; the defendants obligating themselves to mine not less than one hundred tons per month. This action is to recover five months’ royalty of fifteen dollars each.
It is conceded in argument by…
2Cases cited1 opinion
- Blake v. Lobb's EstateMichigan Supreme Court · 1896
3Cited by8 opinions
- Mineral Park Land Co. v. HowardCalifornia Supreme Court · 1916
- Virginia Iron, Coal & Coke Co. v. GrahamSupreme Court of Virginia · 1919
- Adams v. RiddleSupreme Court of Alabama · 1936
- City of Albertville, Alabama v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
- Brooks v. CookSupreme Court of Alabama · 1904
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