The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1905-09-28

the substantial work Of mining was
done under a leasing.
From the English cases we may
learn this:
l. That from the very beginning
the rights OF the man who owned the
land, and of the man who took away
the minerals from it, were worked out
through the law of tenancy, without
the aid of the law of sales.
2. That it was never a conception
of the law that the man who took
away the mineral got his title through
a sale by the owner Of the land: but
the theory was that the mineral was
the product of the use for which rent
was paid, and that the tenant got his
title to his mineral by an appropriate
use of the demised premises.
3. That it was never a Circumstance
of significance that the use of the de-
missed premises, in accordance with
the intent of the parties, and in &C.
cordance with the nature of the use to
which they could be put, resulted in
the gradual consumption or even ex-
haustion of the portion of the land of
chief worth.
The result of the cases in this coun-
try is the same.
In the early cases the appropriate
ness of lease to govern the relation
between the man who owned the land
and the one who took minerals from
it under a rent Or royalty agreement
is everywhere evidenced. We note the
same rule as to the working of old
mines and the opening of new ones.
Owings v. Emery, 6 Gill, 260; Gaines
v. Mining Co. 80 N. J. Eq. 6o3; Reed
v. Reed, l6 N. J. Eq. 248; Shaw v.
Wallace, Is N. J. L., 453; Griffin v.
Fellows, 8119 Pa. St. ia. We note
the same rule as to the making of new
shafts to reach old mines. Crouch v.
Puryear, l Rand. 258; Findlay v.
Smith, 6 Munf. 1874; Gaines v. Mining
Co. % N. j. Eq. COB. We note the
same rule that the widow is dowable
in opening mines. Coates v. Cheever,
l Cow. 400; Billings v. Taylor, 10
Pick. $50; Moore v. Rollins, IS Me.
493; Lenfers v. Henks, 73 ILL., 405.
We note the same rule that mines
which may be worked by the tenant
may be worked to exhaustion. Crouch
v. Puryear, l Rand. 256; Findlay v.
Smith, 6 Munf. 1874; Neel v. Neel, 10
Pa. st. 1923; Westmoreland' Co. IS
Appeal, IS Pa. St. 344; Fairchild ".
Fairchild, 9 Att. r. 255; Koen v.
| Bartlett, Al w. Va. $50.
When it is once conceded that there
exists a right to remove ore from I'M
der the surface there can be no waste,
proper mining methods being used.
The very use of a mine is in the con-
sumption and exhaustion of the ore.
The taking of ore from the mine is
use, not waste. Capner v. Fleming
ton Mining Co. N. j, Eq. .467;
Vervolen v. Older, N. J. Eq. IS; Nc
Cord v. Mining Co. 81 Cal. 134; Ana
conda Copper M. Co. Y. Butte & Bos-
ton NJ. Co. II Mont. $40.
The suggestion that the transfer of
title to the ore mined comes through
the appropriate use of the land de-
missed, for purpose for which it is
fitted to be used and intended by the
parties to be used, without reference
to the law Of sales, finds Incidental
support in the relationship of CO.
tenancy, where one co-tenant, since he
has the right to use the open mine,.
may acquire title to it's product by
his use, with no thought of contract
OF sale, Or OF any contract, between
himself and his co-tenant. Job ".
Potion, L. R. 20 Eq. 81; McCord y.
Mining Co. GA Cal. 154; Russell v.
Merchants Bank, Al MINI. 286; and
in the case Of an execution debtor
who takes ore from an open mine. in
a proper way, during the redemption
period, Nord V. Carp River Iron Co.
Al Mich. IS: so Mich. 522.
The distinction between money re-
ceived for mining land sold and re-
ceipts by way of royalties received
for the use of mines therein is of some
significance. The former is always
principal Or corpus; the latter is al
ways income or profit. Daily w.
Beckett, "a Beav. 635; Brook v. Bod
ley, L. r. 4 Eq. los; Appeal of Bed
ford, 1925 Pa. St. III Reynolds; v.
Hanna, IS Fed. R. 1888; Koen v. Bart
lett, Al W. Va. $50.
| The mineral contract there involved
contains apt words of demise; the
words used are, contract, lease and
demise for a term of fifty
(5o) years \ \: the following de-
scribed land y which premises
are leased \ for the purpose