Mauney v. Millar
Supreme Court of Arkansas
Appeal from Pike Chancery Court; Jas. D. Shaver, Chancellor; 1. The plea of res judicata was not sustained. 117 Ark. 633; 22 Id. 572; 39 Id. M2; 40 Id. 545; 92 Id. 460; 106 Id. 310; 92 Id. 460. 2. The terms of the lease were violated by appellees and they are liable. 102 Ark. 433; 50 Id. 562; 93 Id. 269; 113 Id. 471-8; 110 Id. 335; lb. 402, etc. 3. The lease should he canceled and appellants are entitled to the relief prayed.
Read the full summary
Appeal from Pike Chancery Court; Jas. D. Shaver, Chancellor; 1. The plea of res judicata was not sustained. 117 Ark. 633; 22 Id. 572; 39 Id. M2; 40 Id. 545; 92 Id. 460; 106 Id. 310; 92 Id. 460. 2. The terms of the lease were violated by appellees and they are liable. 102 Ark. 433; 50 Id. 562; 93 Id. 269; 113 Id. 471-8; 110 Id. 335; lb. 402, etc. 3. The lease should he canceled and appellants are entitled to the relief prayed. The chancellor erred in denying relief. 110 Ark. 335, 402, etc.; 113 Id. 478; 112 N: C. 677; 64 Ark. 240; 97 Id. 167; 114 Id. 419; 126 Id. 46; 104 Id. 19, 129; 109 Id.…
1Opinion of the CourtMcCULLOCH, C. J.
M. M. Mauney owned forty acres of land in Pike County, Arkansas, which contained a deposit of Kimberlite or diamond-bearing dirt, and sold thirty acres of it to parties who organized a corporation known as the Ozark Mining Company for the purpose of developing it. On April 3, 1912, Mauney entered into a contract with Howard A. Millar whereby he leased the remaining ten acres to Millar for a period of fifty years for the purpose of having the same developecL and operated as a diamond mine. The ten acres covered by the lease was known as the “Mauney Diamond Mine. ’ ’ The written contract…
2Cases cited5 opinions
- Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
- Williams v. ShaverSupreme Court of Arkansas · 1911
- Mansfield Gas Co. v. ParkhillSupreme Court of Arkansas · 1914
- Buckner v. WarrenSupreme Court of Arkansas · 1883
- Mauney v. MillarSupreme Court of Arkansas · 1915
3Cited by11 opinions
- Blair v. Clear Creek Oil & Gas Co.Supreme Court of Arkansas · 1921
- Ezzell v. Oil Associates, Inc.Supreme Court of Arkansas · 1930
- Millar v. MauneySupreme Court of Arkansas · 1921
- W. M. Inman and Frances Inman, His Wife v. The Milwhite Co., Inc.Court of Appeals for the Eighth Circuit · 1968
- Bradley v. FacklerWashington Supreme Court · 1942
6 more not listed; retrieve them via the Exa API.