Tennessee Coal, Iron & R. Co. v. Brewer

SIBLEY, Circuit Judge.

Tennessee Coal, Iron & Railroad Company brought statutory ejectment to recover the coal and other minerals under certain “sixteenth section” land in Alabama from Lena Brewer and R. Brewer, who had begun to mine them. At the conclusion of the plaintiff’s evidence, the defendants offering none, a verdict was directed for the defendants. The propriety of that action is the question on this appeal.

*805In the organization of the State of Alabama, section 16 in each township was set aside for school uses. Such lands could be sold for school purposes, so that they were capable of…