Clark v. American Cannel Coal Co.
Indiana Supreme Court
From Perry Circuit Court; C. W. Cook, Special Judge. Suit by the American Oannel Coal Company against Emma L. Clark. From a decree for plaintiff, defendant appeals. Transferred from Appellate Court under §1337i Burns 1901, Acts 1901, p. 565, §9. (For transferring opinion, see 35 Ind. App. 65.)
1Opinion of the CourtMonks, J.
This suit was brought by appellee to enjoin appellant from mining and removing fire-clay from certain real estate in Perry county, and to quiet appellee’s title to said fire-clay. Appellee sold and conveyed said real estate by deed to a remote grantor of appellant on September 20, 1866, and claims to own said fire-clay by virtue of the reservation contained in said deed. A trial of said cause resulted in a final decree quieting appellee’s title to said fire-clay and enjoining appellant' from removing the same.
1. The first question to be determined is: was appellee, when it commenced this…
2Cases cited24 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Heaston v. Cincinnati & Fort Wayne RailroadIndiana Supreme Court · 1861
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Georgia Southern & Florida Railroad v. Mercantile Trust & Deposit Co.Supreme Court of Georgia · 1894
- Sturges v. . VanderbiltNew York Court of Appeals · 1878
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Bonfils v. HayesSupreme Court of Colorado · 1921
- Jennings v. DarkIndiana Supreme Court · 1910
- Marion Trust Co. v. BennettIndiana Supreme Court · 1907
- Merges v. AltenbrandMontana Supreme Court · 1912
10 more not listed; retrieve them via the Exa API.