Austin v. Huntsville Coal & Mining Co.
Supreme Court of Missouri
Appeal from, Chariton Circuit Court. — Hon. Q. D. Burgess, Judge. This was an action of trespass to recover treble damages for mining and taking coal from under plaintiffs land. The facts were as follows: On the 27th day of February, 1871, the plaintiff executed an instrument leasing and conveying all the coal under his land to the North Missouri Coal and Mining Company, for a-period of twenty years. This instrument is set out in full in the opinion.
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Appeal from, Chariton Circuit Court. — Hon. Q. D. Burgess, Judge. This was an action of trespass to recover treble damages for mining and taking coal from under plaintiffs land. The facts were as follows: On the 27th day of February, 1871, the plaintiff executed an instrument leasing and conveying all the coal under his land to the North Missouri Coal and Mining Company, for a-period of twenty years. This instrument is set out in full in the opinion. This company never entered upon the land or did any work under the' contract, and failing to pay the stipulated rent, plaintiff sued and…
1Opinion of the CourtSherwood, C. J.
This action for damages for coal taken by defendant from under plaintiff’s land, requires an examination into the nature and effect of ah instrument in this form:
This agreement made and entered into this 27th day of February, 1871, by and between Jno. H. Austin and Mary J. Austin, his wife, parties of the first part, and the North Missouri Goal & Mining Company, parties of the second part, Witnesseth : That for and in consideration of $1 in hand paid, and the further consideration of $400 *540per annun . to be paid in monthly payments of $33.33, on the 20th day of each and every month, the said…
2Cases cited14 opinions
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Stockbridge Iron Co. v. Cone Iron WorksMassachusetts Supreme Judicial Court · 1869
- Baldwin v. PorterSupreme Court of Connecticut · 1838
- Curtis v. WardSupreme Court of Connecticut · 1850
- Maye v. TappanCalifornia Supreme Court · 1863
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3Cited by34 opinions
- Von Baumbach v. Sargent Land Co.Supreme Court of the United States · 1917
- New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
- State v. Royal Mineral Ass'nSupreme Court of Minnesota · 1916
- State v. SnyderWyoming Supreme Court · 1923
- State v. EvansSupreme Court of Minnesota · 1906
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