J. R. Crowe Coal & Mining Co. v. Atkinson
Citations
- 85 Kan. 357
- 116 P. 499
- 1911 Kan. LEXIS 74
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Final Judgment — Where All Issues in Controversy Tried to Jury Form of Action Immaterial. Where a controversy over a question of the title and right of possession of real estate has been tried out in an injunction suit in which a jury trial has been had as a matter of right, and each party has had a full opportunity to present and support its contentions, even if it should be held that ejectment would have been a more proper form of action the judgment rendered will not be reversed on that account.</p> <p>2. Adverse Possession — Possession of Surface Under Absolute Title Not Advers'e to Previously Acquired Mining Right. A possession of the surface of land, exercised for agricultural purposes only, although taken and held under an ordinary deed purporting to transfer the complete ownership, is not adverse as to mining rights previously severed by a reservation in a conveyance in the same chain of title.</p> <p>3. Deed — Reserving Underlying Minerals — Taxes—Ownership. Where the owner of land executes a conveyance reserving the underlying minerals, the fact that he does not thereafter pay taxes on the mineral is not in derogation of his claim to its ownership, where it has not been separately assessed and the taxes charged against the land have not been increased by reason of its existence.</p>
Judges: Mason
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19 cases in this archive cite this case.
- Bodcaw Lumber Co. v. GoodeSupreme Court of Arkansas· 1923-06-25· cited 42×
- Fry v. DeweesSupreme Court of Kansas· 1940-03-09· cited 41×
- Piney Oil & Gas Co. v. ScottCourt of Appeals of Kentucky (pre-1976)· 1934-11-02· cited 39×
- Central Natural Resources, Inc. v. Davis Operating Co.Supreme Court of Kansas· 2009-02-06· cited 34×
- Shaffer v. Kansas Farmers Union Royalty Co.Supreme Court of Kansas· 1937-06-12· cited 31×
- Brooks v. MullSupreme Court of Kansas· 1938-05-07· cited 28×
- Town of Glenrock v. AbadieWyoming Supreme Court· 1953-07-14· cited 21×
- Fast v. FastSupreme Court of Kansas· 1972-04-08· cited 21×
- Douglass v. MounceSupreme Court of Oklahoma· 1956-11-07· cited 21×
- Northcut v. ChurchTennessee Supreme Court· 1915-12-15· cited 18×
- Grayson-McLeod Lumber Co. v. DukeSupreme Court of Arkansas· 1923-06-25· cited 9×
- Foss v. Central Pacific RailroadCalifornia Court of Appeal· 1935-09-06· cited 8×
- Dick Properties, LLC v. Paul H. Bowman TrustCourt of Appeals of Kansas· 2010-01-08· cited 5×
- Continental Oil Co. v. Chicago & North Western Railway Co.D. Wyoming· 1957-02-05· cited 5×
- Magnolia Petroleum Co. v. MoyleSupreme Court of Kansas· 1946-01-26· cited 4×
- Oxy USA, Inc. v. Red Wing Oil, LLCCourt of Appeals of Kansas· 2015-10-16· cited 3×
- Bacon v. LederbrandSupreme Court of Kansas· 1916-07-08· cited 3×
- Johnson v. AbbeSupreme Court of Kansas· 1919-12-06· cited 2×
- Zaskey v. FarrowSupreme Court of Kansas· 1945-01-06· cited 2×
Cites
6 cases in this archive are cited by this case.
- Murray v. AllredTennessee Supreme Court· 1897-11-23· cited 50×
- Catlin Coal Co. v. LloydIllinois Supreme Court· 1898-10-24· cited 24×
- Catlin Coal Co. v. LloydIllinois Supreme Court· 1899-06-17· cited 22×
- Moore v. GriffinSupreme Court of Kansas· 1905-11-11· cited 21×
- Atkinson v. J. R. Crowe Coal & Mining Co.Supreme Court of Kansas· 1909-05-08· cited 21×
- Gordon v. ParkSupreme Court of Missouri· 1907-03-19· cited 12×
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