Marble v. Oliver Iron Mining Co.

The action is to recover of the defendant, the lessee of ore lands, the royalty tax paid by plaintiff, the lessor. The court sustained a demurrer to the complaint and plaintiff appeals.

Recovery is based upon this covenant in the lease: “The lessee further covenants to pay all taxes and assessments, ordinary and extraordinary, general and specific, including the same for 1905, which may be levied or assessed upon the said lands and the whole thereof hereby demised and on the iron ore mined thereon, and on all improvements and all personal property thereon while this lease shall remain in…