Manning v. Frazier

Citations

• 96 Ill. 279
• 1880 Ill. LEXIS 31

Syllabus

<p>1. Real estate—what constitutes. Coal and other mineral in a mine and under the soil, are real estate, and as such are capable of being conveyed like any other real estate, and when once conveyed by deed, may pass by inheritance or deed of conveyance.</p> <p>2. Vendor’s lien—/or price of mineral in ground sold. Where the owner of land, by deed, bargains, sells and conveys to another, his heirs and assigns, all the coal, limestone, iron ore, rock oil, and other mineral in, upon or under the land, with an express license to the grantee, his heirs and assigns and laborers to enter and search for said minerals, and to dig, mine, explore and occupy with the necessary structures, etc., and to mine and remove the coal, etc., for which grant the purchaser agrees to pay to the grantor a stipulated price per ton for the various minerals removed, payable quarterly, the grantor will have a vendor’s lien on the coal and mineral not mined and removed, for the purchase money, which he may enforce by a sale of the coal and mineral not taken from the ground. In such case the amount of the purchase money falling due each quarter depends upon the quantity of coal, etc., mined and removed from the land during the three months next preceding. The price agreed to be paid per ton is only a mode of ascertaining the amount of purchase money to be paid for the conveyance of the coal, etc., in the mine.</p> <p>3. Same—waiver of lien—Us extent. If a deed conveying coal and other mineral in the ground on a credit, to be paid for quarterly, as the same are mined and removed, authorizes the sale of the coal, etc., before payment is to be made, that will only be a waiver of the vendor’s lien pro tanto for what is thus removed, but not for the coal, etc., still in the mine.</p> <p>4. License—not transferable.® A mere license in writing, to mine, remove and sell coal, etc., the product of such mining to be paid for at a given price per ton, is not transferable, either by assignment or deed, so as