Hosford v. Metcalf
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. ME. C. Matthews, Judge. Plaintiffs, A. W. Hosford, John Southwell, E. T. 'Goldthrope, and Anton Trieb, partners under the firm name Alpine Street Zinc Mining Company, bring this action against Matthew TV. Metcalf, J. TV.
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Appeal from Dubuque District Court. — Hon. ME. C. Matthews, Judge. Plaintiffs, A. W. Hosford, John Southwell, E. T. 'Goldthrope, and Anton Trieb, partners under the firm name Alpine Street Zinc Mining Company, bring this action against Matthew TV. Metcalf, J. TV. Waters, Frank Coals, Sr., H. L. Lundbeek, John Spensley, David Metcalf, and John Alexander, partners under the firm name Avenue Top Mining Company, to enjoin them from mining upon a tract of land known as the “Dillrance Ground.” The plaintiffs claim the exclusive right to mine on said land by virtue of written leases to them from the…
1Opinion of the Court
Given, C. J.'
I. A brief statement of facts about which there is no dispute will make plain the points in controversy: Mr. J. W. Dillrance owned about one acre in the belt of mineral lands in and near the city of Dubuque. The minerals found in that locality are lead and zinc, the latter consisting in what is called “Black Jack” and “Dry Bone.” 'These minerals are found in crevices or veins generally running east and west 50 to 200 feet below the surface and from *24250 to 300 feet apart. On the land immediately north of the Dillrance tract is' a crevice called “Avenue Top Crevice,” and on the…
2Cases cited4 opinions
- Beatty v. GregorySupreme Court of Iowa · 1864
- Harkness v. BurtonSupreme Court of Iowa · 1874
- Mendenhall v. . KlinckNew York Court of Appeals · 1872
- Upton v. BrazierSupreme Court of Iowa · 1864
3Cited by11 opinions
- Myers v. J. J. Stone & SonSupreme Court of Iowa · 1905
- Kennedy v. Combined Metals Reduction Co.Utah Supreme Court · 1935
- Price v. BlackSupreme Court of Iowa · 1905
- Prochemco, Inc. v. Clajon Gas Co.Court of Appeals of Texas · 1977
- McColl v. Bear Creek Coal Mining Co.Supreme Court of Iowa · 1913
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