Riddle v. Brown
Supreme Court of Alabama
Error to tbe Circuit Court of Talladega. Tried before the Hon. E. Pickens. This was an action of trespass vi et armis, brought by tbe plaintiff in error against tbe defendants, for injuries to tbe person. Tbe defendants pleaded tbe general issue, with leave to give any special matter in bar, in evidence.
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Error to tbe Circuit Court of Talladega. Tried before the Hon. E. Pickens. This was an action of trespass vi et armis, brought by tbe plaintiff in error against tbe defendants, for injuries to tbe person. Tbe defendants pleaded tbe general issue, with leave to give any special matter in bar, in evidence. Tbe record exhibits tbe following state of facts: Tbe difficulty arose in regard to tbe right of tbe plaintiff in error, as one of tbe firm of W. D. Riddle & Co., to enter on a certain traet of land witb bis wagon, to baul from tbence a quantity of iron ore, wbiob bad been previously dug from…
1Opinion of the CourtPhelan, J.
It becomes necessary, in this case, to ascertain with some precision, the first place, what interest or estate passed to Moore by the agreement entered into between him and defendant, John E. Atkinson, by which the former was to have “ the right to dig and carry away ore from the bank” in consideration of “one thousand pounds of iron to be paid to the latter from time to time as he wanted it.”
Mines are a part of the freehold, and prima facie the owner of the freehold has a right to the mines and minerals underneath; but this is only a presumption of law, that may be rebutted, by showing a…
2Cases cited2 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Thompson v. GregoryNew York Supreme Court · 1809
3Cited by35 opinions
- Surrency v. HarbisonSupreme Court of Alabama · 1986
- Owens v. LewisIndiana Supreme Court · 1874
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Beckett-Iseman Oil Co. v. BackerCourt of Appeals of Kentucky · 1915
- Heflin v. BinghamSupreme Court of Alabama · 1876
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