Reports of Civil And Criminal Cases Decided By the Court of ..., volume 162
Reports of Civil And Criminal Cases Decided By the Court of ..., volume 162
Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Kentucky (District). Supreme Court, Alexander Keith Marshall, William Littell
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v. City of St. Louis, 169 Mo., 319, 69 S. W., 290. Royalty is a certain percentage or proportion, spe- cifically stated or on a graduated scale, according to the value of the ore, based on either the net proceeds, smel- ter returns, mill returns or returns evidenced by the cer- tificate of the United States Assay Office, or otherwise as the parties may agree upon. 27 Cyc, 710; Maloney V. Love, 11 Colo. App., 388, 52 Pac. 1029. Counsel for appellee insist that the real difference between rent an...d royalty is, that rent is the price paid for the use of a thing, while royalty is a part of the thing Digitized by VjOOQIC * Saulsberry v. Saulsberry. 489 itself. This distinction, however, can hardly be main- tained; for it was held at an early date that if **a man hath land in which there is a mine of coals, or of the like, and maketh a lease of the land (without mentioning any mines) for life or for years; the lessee for such mines as were open at the time of the lease made, may dig and take the profits thereof.
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