Gregg v. Roaring Springs Land & Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». J. D. Perkins, Judge. (1) The court erred in modifying and changing instruction No. 2a as ashed by plaintiff and giving it as 2b. The instruction is based on section 8767, Revised Statutes 1899. The right to mine given by that section terminates in three years.
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Appeal from Jasper Circuit Court. — No». J. D. Perkins, Judge. (1) The court erred in modifying and changing instruction No. 2a as ashed by plaintiff and giving it as 2b. The instruction is based on section 8767, Revised Statutes 1899. The right to mine given by that section terminates in three years. The instruction as asked states in effect that the plaintiff had a right to terminate the arrangement at that time and if he did so, then the “former agreement was no longer binding.” (2) Instruction No. 5 given for defendant is erroneous as a comment on the evidence. It singles out the one fact…
1Opinion of the CourtSmith, P. J.
— The defendant is a corporation organized under article 9, chapter 12, Revised Statutes.
The plaintiff and defendant were owners as tenants in common of 160 acres of mineral land in Newton county, this State. The plaintiff’s petition alleged that during the time of such co-tenancy the defendant caused said land “to be mined and operated by sub-tenants and licensees, for and during the times and years set out in his first count; and that, for the ores which were mined and taken and sold from said lands as set out in the first count and the annexed statement, all as aforesaid, the defendant…
2Cases cited8 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Cole County v. DallmeyerSupreme Court of Missouri · 1890
- Riley v. KershawSupreme Court of Missouri · 1873
- Ragan v. McCoySupreme Court of Missouri · 1860
- Griffith v. CreightonMissouri Court of Appeals · 1895
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3Cited by5 opinions
- Kopp v. Traders Gate City National BankSupreme Court of Missouri · 1948
- Airington v. AiringtonSupreme Court of Oklahoma · 1920
- Bush v. BrandeckerMissouri Court of Appeals · 1907
- Davis v. ByrdMissouri Court of Appeals · 1945
- Tatlow v. CrawfordMissouri Court of Appeals · 1915