Moss v. Jourdan
Mississippi Supreme Court
Appeal from chancery court of Tishomingo county. Hon. A. J. McIntyre, Chancellor. Bill by D. T. Moss against J. 0. Jourdan. From decree giving insufficient relief, the complainant appeals, and the defendant cross-appeals.
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Appeal from chancery court of Tishomingo county. Hon. A. J. McIntyre, Chancellor. Bill by D. T. Moss against J. 0. Jourdan. From decree giving insufficient relief, the complainant appeals, and the defendant cross-appeals. Tbe ownership of mineral, where there has been a severance of mineral from the surface either by grant or reservation or exception, ordinarily implies, as of course, the right to go upon the land and take and remove the mineral, to destroy, at least in part, the surface, if necessary, as by digging pits, opening shafts, etc., and to use so much of the surface as may be…
1Opinion of the Court
Smith, O. J.,
delivered the opinion of the court.
The appellant exhibited an original bill in the court below against the appellee, alleging that the appellee is the owner of certain land, and that he (the appellant) is the owner of the mineral therein; that-the land contains a large amount of gravel which the appellant has the right to remove, but which right the appellee denies and has forbidden him to exercise. The prayer of the bill is for a decree confirming the appellant’s title to the mineral in and upon the land and perpetually enjoining the appellee from interfering with his going upon…
2Cases cited8 opinions
- Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
- Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908
- Mills v. New Orleans Seed Co.Mississippi Supreme Court · 1888
- Robinson v. PayneMississippi Supreme Court · 1881
- Bibby v. BunchSupreme Court of Alabama · 1912
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3Cited by27 opinions
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- Southern Bus Lines, Inc. v. Amalgamated Ass'n of Street EmployeesMississippi Supreme Court · 1949
- Rogers v. MorganMississippi Supreme Court · 1964
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