Bingo Mining Co. v. Felton
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — IIon. J.-D. Perkins, Judge. (1) 'Respondents had a license to work and produce ore, which belonged to the licensor, and their compensation for this work was determined by the amount of ore produced. Therefore they never had any possession of the premises in controversy, and could not assert such right or license as a defense in this action, and the trial court should have directed a verdict for appellant. Garvey v. Gunther, 51 Mo.
Read the full summary
Appeal from the Jasper Circuit Court. — IIon. J.-D. Perkins, Judge. (1) 'Respondents had a license to work and produce ore, which belonged to the licensor, and their compensation for this work was determined by the amount of ore produced. Therefore they never had any possession of the premises in controversy, and could not assert such right or license as a defense in this action, and the trial court should have directed a verdict for appellant. Garvey v. Gunther, 51 Mo. App. 545; Zinc Oo. v. Freeman, 75 Mo. App. 524; Chynowitch v. Granby, etc., Co., 74 Mo. 173; Boone v. Stover, 66 Mo. 430;…
1Opinion of the Court
ELLISON. J.
This is an action of forcible entry and detainer for two mining lots, in which defendants prevailed in the circuit court.
O’Keefe was the owner of forty acres of mineral land •in Jasper county. He leased it to the Joplin Mining Company for mining purposes. That company divided the tract into mining lots each about two hundred feet square. That Statement. company posted mining rules and regulations as provided by section 7034, Revised Statutes 1889, and opened a mining register where the defendants signed the *213register for the two lots in dispute and entered upon the lots with mining…
2Cases cited5 opinions
- Boone v. StoverSupreme Court of Missouri · 1877
- Chynowitch v. Granby Mining & Smelting Co.Supreme Court of Missouri · 1881
- Shepard v. DrakeMissouri Court of Appeals · 1895
- Empire Zinc Co. v. FreemanMissouri Court of Appeals · 1898
- Garvey v. GuntherMissouri Court of Appeals · 1892
3Cited by2 opinions
- Arnold v. BennettMissouri Court of Appeals · 1902
- Gates v. SteckelMissouri Court of Appeals · 1913