Chitwood v. Lanyon Zinc Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) Tbe ore was the absolute property of Erank J. Mackay, the owner of the land. B. S. 1899, sec. 8770; Empire Zinc Co. v. Ereeman, 75 Mo.
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Appeal from Jasper Circuit Court. — Eon. J. D. Perkins, Judge. (1) Tbe ore was the absolute property of Erank J. Mackay, the owner of the land. B. S. 1899, sec. 8770; Empire Zinc Co. v. Ereeman, 75 Mo. App. 524. (2) When it appears from the undisputed facts that there is not a change of possession of property which is actual, open, notorious and unequivocal; and where it does not appear that the change of possession was continued, the mere marking of the property will be of no avail if there is no change of possession, and when it appears from the undisputed facts that there is no such change…
1Opinion of the Court
SMITH,, P. J.
— This is an action which was brought to recover the value of an unspecified quantity of zine ore alleged to have been converted by defendant, a corporation, to its own use. The ease disclosed by the record seems to be about thus: The plaintiff, a banker, had loaned one Cochran, $2'71. The latter was operating a mine and had dug' and placed in a bin situate on the lot in which the mining was being carried on, some twenty-five tons of zinc ore, and being unable to haul it to where it could be sold, he proposed to plaintiff to turn this ore over to him to get his money out of, and…
2Cases cited8 opinions
- Casey v. CavarocSupreme Court of the United States · 1878
- Conrad v. FisherMissouri Court of Appeals · 1889
- Vanstone v. GoodwinMissouri Court of Appeals · 1890
- State ex rel. Baumunk v. GoetzSupreme Court of Missouri · 1895
- Mead v. MaberryMissouri Court of Appeals · 1895
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3Cited by4 opinions
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1920
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Meeks v. Clear Jack Mining Co.Missouri Court of Appeals · 1910
- Cotton v. ArnoldMissouri Court of Appeals · 1906