Legal Opinion

Smoot v. Consolidated Coal Co.

Appellate Court of Illinois

Decided June 28, 1904PublishedCited by 3 opinions

Action of trover. Appeal from the Circuit Court of Vermilion County; the Hon. Morton W. Thompson, Judge, presiding. Heard in this court at the May term, 1903.

1Opinion of the Court

Mr. Presiding Justice Baume

delivered the opinion of the court.

On April 14, 1893, appellant and wife, in consideration of $935, by their warranty deed, conveyed to appellee, “ all the coal in, under and throughout ” a tract of land containing 129 acres, situate in Vermilion county, 16 with the right to mine and remove the same and the right to maintain tramways ” underground for the purpose of mining and removing any other coal said grantee now owns or may hereafter acquire.” For several years prior to this conveyance appellee had been operating a coal mine on lands lying immediately south of…

2Cases cited8 opinions

  1. Catlin Coal Co. v. LloydIllinois Supreme Court · 1898
  2. Donovan v. Consolidated Coal Co.Illinois Supreme Court · 1900
  3. Kamphouse v. GaffnerIllinois Supreme Court · 1874
  4. Jarvis v. Seele Milling Co.Illinois Supreme Court · 1898
  5. McLean County Coal Co. v. LongIllinois Supreme Court · 1876

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Carbon County v. Union Reserve Coal Co., Inc.Montana Supreme Court · 1995
  2. Meadowlark Farms, Inc. v. Pollution Control BoardAppellate Court of Illinois · 1974
  3. Murray v. BEJ MineralsMontana Supreme Court · 2020

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