127 Minn. 480 | Minn. | 1914
Tbe complaint in this action alleges, in substance and effect, that ■during all tbe times therein stated plaintiff was and still is tbe owner and entitled to tbe possession of tbe land mentioned therein, and that on September 1, 1908, defendant wrongfully and unlawfully ■entered upon tbe land and constructed thereon a line of railroad and ever since has operated it as a common carrier for general commercial purposes; that no proceedings were ever bad or -taken to acquire tbe right to so occupy tbe land and no damages were ever assessed •or paid therefor; that tbe land so taken is of tbe value of $2,000, and that tbe reasonable value of tbe use thereof since it was so taken by defendant is tbe sum of $1,000. Tbe demand for relief is that
When tbe cause came on for trial the court granted defendant’s motion for judgment on tbe pleadings. Judgment was so entered and plaintiff appealed.
It is tbe contention of defendant that tbe lease in question granted to tbe improvement company for tbe term of 50 years tbe exclusive right of possession of tbe land, that plaintiff, the fee owner, has no present right of possession and cannot therefore maintain an action either in ejectment or for damages against this defendant, who bolds under tbe improvement company. Whether this contention is sound depends upon tbe construction to be given tbe lease, and tbe determination of tbe question whether it is anything more than an ordinary mining lease, granting to tbe company tbe right of possession and control of tbe land insofar as necessary to remove iron ore therefrom. If tbe latter, it would seem clear that tbe improvement company would bave no right to grant surface rights to third persons, tbe rights so granted having no reference to or in furtherance of tbe mining operations. In other words, tbe company would not be authorized if that be tbe construction of tbe lease to impose upon tbe
The lease treats fully of the rights of the parties, and provides that, in consideration of the covenants therein contained, the land is leased and let to the improvement company for the term of 50 years from the first day of September, 1908; it authorizes the lessee to explore for, mine and remove the merchantable iron ore which is or may be found deposited in or upon the land; “and to construct all buildings, make all excavations, openings, ditches, drains, railroads, wagon roads, and other improvements thereon suitable for the mining and removal of iron ore; and may cut and use timber from the leased premises for the purpose of carrying on any operation, or constructing, repairing or carrying on any building or work authorized by this lease.” It further provides that at certain stated times the lessee shall pay to the lessor for all ore taken from the land at the rate of twenty cents per ton of 2,240 pounds; and pay for 5,000 tons of ore each year whether mined or not. It also requires the lessee to furnish the lessor with monthly statements showing the quantity and amount of ore taken from the land; and that the lessee shall pay all taxes assessed against the land, or improvements thereon, or iron ore produced therefrom. It provides that the lessee shall open, use and work the mines in such manner only as is usual and customary in skilful and proper mining operations of similar character; that the lessor may enter upon the premises for the purpose of inspecting the mining operations and measuring the quantity of ore taken or removed, “not unnecessarily or unreasonably hindering or interrupting the operations of the lessee.” It gives the lessor a lien upon all ore taken from the mine, and all improvements upon the premises as security for the payment of the royalties for ore taken out. The lessor is given the option to terminate the lease at any time upon 90 days’ notice, and when so terminated, or at the expiration of the term of the lease, the lessee' agrees to surrender possession of the premises to the lessor; in the meantime the lessor covenants to defend the title and the right of possession in the lessee.
The foregoing embodies substantially all the elements of the contract which are relevant to the question of its. construction as respects,
It is true that the lease authorizes the lessee to construct build ings, railroads and wagon roads, and such other facilities as may b
Judgment reversed and new trial granted.