Kirk v. Mattier
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) It was a lease, not a license. Hobart v. Murray, 54 Mo. App. 256. (2) The lease contained a covenant to work continuously, and in good faith, and also to sink a shaft two hundred feet deep upon the land within one year, and upon a failure to do either of these things the lease was to be'forfeited and the plaintiff could enter. The remedy of the plaintiff was ejectment instead of an actual entry.
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Appeal from Jasper Circuit Court. — Hon. W. M. Robinson, Judge. (1) It was a lease, not a license. Hobart v. Murray, 54 Mo. App. 256. (2) The lease contained a covenant to work continuously, and in good faith, and also to sink a shaft two hundred feet deep upon the land within one year, and upon a failure to do either of these things the lease was to be'forfeited and the plaintiff could enter. The remedy of the plaintiff was ejectment instead of an actual entry. Ruddick v. Railroad, 116 Mo. 26; Green v. Railroad, 82 Mo. 653; Beatty v. Gregory, 17 Iowa, 109; Beatty v. Gregory, 9 Mor. Min. Rep.…
1Opinion of the CourtGrANTT, P. J.
This is an action of ejectment for the following real estate in Jasper county, Missouri, to wit, all of the lead, zinc and other ore substances of that part of said land. underneath the surface and in the shafts thereon of the southeast quarter of the northeast quarter of section 33, township 28, range 32, with the exception of a strip of land four hundred feet wide running north and south on the west side of said southeast quarter of the northeast quarter, less two mining lots two hundred feet square in the northeast corner of said strip. And also all that part of said land underneath the…
2Cases cited6 opinions
- Beatty v. GregorySupreme Court of Iowa · 1864
- Wardell v. WatsonSupreme Court of Missouri · 1887
- Boone v. StoverSupreme Court of Missouri · 1877
- Ellis v. KygerSupreme Court of Missouri · 1886
- Avery v. Kansas City & Southern RailroadSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
- Gilbert v. K.T.I., Inc.Missouri Court of Appeals · 1988
- Nicholson Corporation v. FergusonSupreme Court of Oklahoma · 1925
- Seeck v. JakelOregon Supreme Court · 1914
- Santa Fe Trail Neighborhood Redevelopment Corp. v. W.F. Coen & Co.Missouri Court of Appeals · 2005
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