Wiley v. Sirdorus
Supreme Court of Iowa
Appeal from Jefferson District Court. The plaintiff alleges in his petition that the defendant committed a trespass upon his property, by digging and removing a large quantity of coal belonging to him. He avers that he sold and conveyed the land, but that he reserved or excepted the coal thereunder for his own use. The petition asks a judgment for damages and also an injunction to restrain further trespasses.
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Appeal from Jefferson District Court. The plaintiff alleges in his petition that the defendant committed a trespass upon his property, by digging and removing a large quantity of coal belonging to him. He avers that he sold and conveyed the land, but that he reserved or excepted the coal thereunder for his own use. The petition asks a judgment for damages and also an injunction to restrain further trespasses. The answer is a general denial, and pleads the statute of limitations. The court rendered a decree for the plaintiff for six hundred dollars and costs, and perpetually enjoined the…
1Opinion of the Court
Miller, Ch. J.—
Only one question properly arises upon the record- before us, and that is as to the proper construction of the deed from the plaintiff to one Josiah Lydieh, for the land from beneath which the coal in controversy was taken, it being conceded that, if the plaintiff is entitled to recover, the amount of the judgment is not too much. The deed is as follows:
“Know all-men by these presents, that we, Alexander Wiley *226and Elizabeth Jane Wiley, his wife, of the County of Jefferson,' and State of Iowa, for the consideration of one hundred dollars, do hereby convey to Joseph Lydieh, of…
2Cases cited2 opinions
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Bosworth v. FarenholzSupreme Court of Iowa · 1856
3Cited by5 opinions
- Benn v. HatcherSupreme Court of Virginia · 1885
- Edwards v. BrushaSupreme Court of Oklahoma · 1907
- Hall v. Wabash RailroadSupreme Court of Iowa · 1907
- Mikesh v. PetersSupreme Court of Iowa · 1979
- Abbott v. PearsonSupreme Court of Arkansas · 1975