95 Iowa 287 | Iowa | 1895
It seems to us these contracts must be held to be leases, creating the relation of landlord and tenant. They confer present rights; they are assignable; they are for a fixed period; they provide for an annual rental independent of the mining of coal; the right to mine the coal is exclusive in the lessees for the period fixed in the lease; the rent or royalty is by express terms payable for all use of the surface of the land, as well as for other privileges specified, and for coal mined. In principle, the rights granted are not different from those where one leases a stone quarry or sand bed or the like. The fact that in the one case the article taken is on or near
Y. The motion of the appellee is not well taken, and must be overruled. We have considered all questions which we regard as material, and hold that the district court erred in its ruling. — Reversed.