Tousley v. Galena Mining & Smelting Co.
Supreme Court of Kansas
Error from, Cherokee District Court. Action brought by the Galena Mining & Smelting Company against O. A. Tousley and J. IT.
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Error from, Cherokee District Court. Action brought by the Galena Mining & Smelting Company against O. A. Tousley and J. IT. Neal, the owners of lots 354 and 355 in the city of Galena, in the county of Cherokee, to recover certain damages, and also to obtain a perpetual injunction against the defendants, restraining them, and each of them, from entering into, upon and under both the street and the alley abutting and adjoining said lots for the purpose of mining, excavating and removing therefrom lead or zinc ore, or any other fossil or mineral substances. Trial by the court, upon an agreed…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The defendant in error was the owner in fee of the land on which Galena, a city of the third class, was and is located. It filed its plat, certified in the usual form, dedicating the streets and alleys to public use, but setting forth in such dedication that it reserved to itself all the mineral under the surface of such streets and alleys. Subsequently, it sold and conveyed to Tousley & Neal, plaintiffs in error, lots 354 and 355 in said city, by general warranty *330deed in the usual form, and without any reservation or condition. They…
2Cases cited5 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Kimball v. City of KenoshaWisconsin Supreme Court · 1856
- Buck v. SquiersSupreme Court of Vermont · 1850
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
- City of Dubuque v. BensonSupreme Court of Iowa · 1867
3Cited by19 opinions
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Marks v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1925
- Neil v. Independent Realty Co.Supreme Court of Missouri · 1927
- Cuneo v. Champlin Refining Co.Supreme Court of Oklahoma · 1936
- Texas Bitulithic Co. v. WarwickTexas Commission of Appeals · 1927
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