Brown v. Wilmore Coal Co.

Citations

• 153 F. 143
• 82 C.C.A. 295
• 1907 U.S. App. LEXIS 4390

Syllabus

<p>Mines and Minebaes — Grant oe Mining Rights — Eobmitube by Abandonment.</p> <p>Defendant, for a nominal consideration expressed therein, obtained a large number of contracts, denominated “leases,” from owners of land, conveying to him the coal and other minerals under such land, with the right to mine the same for 99 years and of renewal in perpetuity. By the terms of the contracts he was to render an account to the grantors and pay royalty at specified rates whenever any coal or other mineral was mined. Held, that such contracts imposed obligations upon defendant, as well as vesting him with rights, a mining enterprise being clearly contemplated thereby, and that where he did not in fact intend to prosecute such enterprise, and took no steps toward it, and paid no royalties, through a period of more than 20 years, during which coal was extensively mined in the vicinity, his rights were lost by abandonment, without regard to his actual intent to retain the same, and an owner in possession under subsequent conveyances from the same grantors was entitled to maintain a suit in equity to cancel the contracts as clouds upon its title.</p> <p>]Ed. Note. — Ifor cases in point, see Cent. Dig. vol. 34, Mines and Minerals, 81 189, 190.]</p>