Integrity Mining & Milling Co v. Moore
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — 12cm. Hugh Dabbs, Judge. (1) The action is to enjoin a trespass on real property, in violation of plaintiff’s alleged right to minpi the same. The petition fails to state that plaintiff, or his assignor was or ever had been in possession of the property, and for that reason fails to state a cause of action. Powell v. Canady, 95 Mo. App. 713, Gildersleeve v. Overstolz, 97 Mo. App. 303. (2) The right to mine this land was in dispute.
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Appeal from Jasper Circuit Court. — 12cm. Hugh Dabbs, Judge. (1) The action is to enjoin a trespass on real property, in violation of plaintiff’s alleged right to minpi the same. The petition fails to state that plaintiff, or his assignor was or ever had been in possession of the property, and for that reason fails to state a cause of action. Powell v. Canady, 95 Mo. App. 713, Gildersleeve v. Overstolz, 97 Mo. App. 303. (2) The right to mine this land was in dispute. Defendants were in possession, mining the same, under a contract in writing executed by the plaintiff, which gave them the…
1Opinion of the CourtBroaddus, P. J.
This is a suit by injunction. The agreed facts are as follows: A corporation known as the Big Stick Mining Company held an unrecorded mining lease on a certain tract of land in Jasper county; On the 12th day of November, 1906, this company in writing gave to the Federal Mining Company the rig'ht to prospect and mine for lead and zinc under or on the lands in said lease for and during the time from that date until the 17th day of September, 1916, subject to compliance by the latter to certain provisions and requirements, twenty-one in number, one of which provides that no part of said leased…
2Cases cited9 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Feld v. Roanoke Investment Co.Supreme Court of Missouri · 1894
- Smith v. JamesonSupreme Court of Missouri · 1886
- Ferguson v. Venice Transportation Co.Missouri Court of Appeals · 1899
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