General Refractories Co. v. Swetman

Opinion op ti-ie Court by

Judge Cammack

Reversing.

The General Refractories Company owns the fire clay in, on and under a tract of land claimed by John W, Swetman which is referred to as the “Ike Jones land.” The Company purchased the clay in 1916 and has been mining it for several years. In 1942 an old log house was torn down on the tract and a mule barn built thereon. The method used by the Company of removing the clay from the mines requires the use of. mules, according to the proof. Its mining and removal rights are referred to in the following language:

“* * # all the ■ necessary rights of…