Flinn v. McKinley
Supreme Court of Iowa
Appeal from Dubuqiie District Court. Action to determine adverse claims to an interest in lands. Tbe petition alleges that plaintiff is the owner of an undivided one-half oí “ the mineral right ” in a mineral lot in the city of Dubuque, and the holder of the whole of “ the working” interest therein, under an obligation to pay a certain rent, which he has exercised and enjoyed uninterruptedly for twenty years.
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Appeal from Dubuqiie District Court. Action to determine adverse claims to an interest in lands. Tbe petition alleges that plaintiff is the owner of an undivided one-half oí “ the mineral right ” in a mineral lot in the city of Dubuque, and the holder of the whole of “ the working” interest therein, under an obligation to pay a certain rent, which he has exercised and enjoyed uninterruptedly for twenty years. The petition further shows that defendant sets up some claim to the interest held by plaintiff, and plaintiff asks that his title to the property be established as against the defendant.…
1Opinion of the CourtBeck, J.
The evidence and admissions of the parties at the trial established the following facts: In 1857, the plaintiff and Baker & Co. were the .owners of the lot in controversy, holding the same as tenants in common. In that year they partitioned the property by conveyances, plaintiff thus acquiring the east half and Baker & Co. the other part. The *69“ mineral right ” was not by this arrangement partitioned, but retained as property in common. In September, 1871, Baker & Co. conveyed to defendant all their interest in the west half of the lot. It will be observed that this left plaintiff the owner of…
2Cases cited1 opinion
- Weare v. Van MeterSupreme Court of Iowa · 1875
3Cited by9 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Johns v. JohnsSupreme Court of Alabama · 1890
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Tice v. DerbySupreme Court of Iowa · 1882
- Roll v. EverettSupreme Court of New Jersey · 1908
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