Legal Opinion

Fuhr v. Dean

Supreme Court of Missouri

Decided October 15, 1857PublishedCited by 34 opinions

Appeal from Washington Circuit Cowrt. Plaintiff, Frederick Fuhr, set forth in his petition that on the 23d of January, 1854, and for a long time, say two years, prior to that day, he was “ legally in possession, for the purpose of mining of lead ore, of a lot of ground in the Gum Diggings,’ in Washington county, about one mile and a half north-west from Potosi, containing one acre, more or less, and set apart from the adjoining ground by stakes,” &c.; and, for the purpose of…

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Appeal from Washington Circuit Cowrt. Plaintiff, Frederick Fuhr, set forth in his petition that on the 23d of January, 1854, and for a long time, say two years, prior to that day, he was “ legally in possession, for the purpose of mining of lead ore, of a lot of ground in the Gum Diggings,’ in Washington county, about one mile and a half north-west from Potosi, containing one acre, more or less, and set apart from the adjoining ground by stakes,” &c.; and, for the purpose of exploring said ground and raising lead ore therefrom, he had at great expense of time and money sunk a shaft upon said…

1Opinion of the CourtRichardson, Judge

*119

The first instruction given by the court was erroneous, for it assumes that a custom had been proven regulating the rights of miners, but the bill of exceptions is silent except as to the usage of a particular mine. The practice of a few persons in a business in which many are engaged will not establish a custom which all persons who are engaged in the same pursuit are presumed to know and recognize. A custom which would confer a right so important as that asserted in the instruction — being no less than the right of one person to occupy fo.r the purpose of mining the land of another as long…

2Cases cited1 opinion

  1. Mumford v. WhitneyNew York Supreme Court · 1836

3Cited by34 opinions

  1. Pitzman v. BoyceSupreme Court of Missouri · 1892
  2. Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
  3. Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
  4. Sanford v. KernSupreme Court of Missouri · 1909
  5. Thomas v. BabbSupreme Court of Missouri · 1870

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