Nelson v. Teal’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"What will constitute adverse possession of minerals, severed, in title, from the soil? "Barringer Adams on Mines, at pages 568, 569, say: `Such a possession (adverse) must be actual, notorious, exclusive, continuous, peaceable and hostile for the statutory period. And in these respects the surface owner is in no better position than a stranger. * * * Actual possession is taken by the opening of mines and carrying on of mining operations. That possession is continuous if the operations are continuous or are carried on continuously at such seasons as the nature of the business and the customs of the country permit or required. A cessation of operations in accordance with the custom of the neighborhood, or from necessity occasioned by some natural agency, would not be an interruption of the possession. But there must be something evidencing possession in the interval which connects the operations when resumed with those which have gone before and to distinguish such possession from a series of repeated acts of trespass.' "To the same effect is White on Mines, §§ 430, 431, 432, 433. "Under the authorities, it is essential to effect adverse possession of minerals, after severance, in title, from the surface, that the adverse claimant do some act or acts evincing a permanency of occupation and use, as distinguished from acts merely occasional, desultory, or temporary — acts suitable to the enjoyment and appropriation of the mineral so claimed, and hostile to the rights of the owne”

   1 later decision quote this exact passage
   e.g. 420 So. 2d 68 - Downey v. North Alabama Mineral Development Co.