Bibby v. Bunch
Supreme Court of Alabama
Appeal fr.om Jefferson Chancery Court. Heard before Hon. A. H. Benners. Suit by Mrs. M. E. P. Bunch against William Bibby and another to enjoin mining operations.
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Appeal fr.om Jefferson Chancery Court. Heard before Hon. A. H. Benners. Suit by Mrs. M. E. P. Bunch against William Bibby and another to enjoin mining operations. From a decree overruling demurrers to the bill, defendants appeal. 'The bill alleges that the complainant is the owner of the surface of a certain 40 acres of land, which is described, having acquired it by deed from one William Tanner and Avife on the 4th day of February, 1897, but which deed reserved the minerals under the surface; that, to wit, on March 14, 1905, Tanner and wife conveyed by deed to Mary Bibby all the minerals…
1Opinion of the CourtSayre, J.
In 1897 one Tanner, owning then the fee in a certain 40-acre tract of land, sold and conveyed the same to appellee, “all minerals and mining rights reserved.” This reservation operated as an exception of minerals and mining rights from the grant. — Webb v. Jones, 163 Ala. 637, 50 South. 887. In 1905 Tanner conveyed the minerals and mining rights to Mary Bibby, one of the appellants. In 1911 appellee filed her bill averring the facts stated above and in effect, after amendment, further charging that appellant Mary Bib-by and her husband had begun and were then actively engaged in joint mining…
2Cases cited7 opinions
- Noonan v. PardeeSupreme Court of Pennsylvania · 1901
- Williams v. GibsonSupreme Court of Alabama · 1887
- West Pratt Coal Co. v. DormanSupreme Court of Alabama · 1909
- McCombs v. StephensonSupreme Court of Alabama · 1907
- Hooper v. Dora Coal Mining Co.Supreme Court of Alabama · 1891
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- Evans Fuel Co. v. LeydaSupreme Court of Colorado · 1925
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