Vantage Mining Co. v. Baker
Missouri Court of Appeals
Appeal from Jasper Circuit Court, Division Number One. — Ron. Joseph D. Perkins, Judge. (1) Sarah. E. Baker had only an inclioate right of dower in the property in controversy at the time of the execution of the lease involved herein, which interest could not be assigned, released or relinquished except by joining in a conveyance with her husband.
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Appeal from Jasper Circuit Court, Division Number One. — Ron. Joseph D. Perkins, Judge. (1) Sarah. E. Baker had only an inclioate right of dower in the property in controversy at the time of the execution of the lease involved herein, which interest could not be assigned, released or relinquished except by joining in a conveyance with her husband. That right could not arise to the dignity of an interest in the^property unless Mrs, Baker survived her has-band, in which event her inchoate right of dower would have become consummate, and before her husband’s death she had no interest in this…
1Opinion of the Court
STURGIS, J. —
The plaintiff in this case is and has been mining certain land in Jasper county Missouri, under a mining lease of the usual form used in that district, except as to the clause providing for the payment of the rent or royalty, which is as follows: “The party of the second part, his successors and assigns shall pay to the parties of the first part on Monday of each week as rent or royalty 'five per cent to H. M. Baker and three per cent to Sarah E. Baker, of the market value of all ores mined or sold during the preceding week.”
The beneficiaries of this rental clause, H. M. Baker…
Also in this document: Concurrence.
2Cases cited12 opinions
- Orchard v. Wright-Dalton-Bell-Anchor Store Co.Supreme Court of Missouri · 1910
- Richardson v. ColeSupreme Court of Missouri · 1901
- Agan v. ShannonSupreme Court of Missouri · 1890
- Aiple-Hemmelmann Real Estate Co. v. SpelbrinkSupreme Court of Missouri · 1908
- McCracken v. McCaslinMissouri Court of Appeals · 1892
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3Cited by5 opinions
- Bostian v. MilensMissouri Court of Appeals · 1946
- Murawski v. MurawskiMissouri Court of Appeals · 1948
- Matlack v. KlineSupreme Court of Missouri · 1919
- Equitable Life Insurance v. BowmanMissouri Court of Appeals · 1930
- Williams v. Patterson, Anc. Adm.Missouri Court of Appeals · 1949