Ashcraft v. Englewood Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) "When the Center Valley Company procured its lease from Hockadays, the owners of the land and laid the same out into mining lots, and posted and had in force the rules and regulations; and had and kept a mining register in which persons desirous of mining were compelled to register, when taking lots, the company had complied with the laws of this State, and the rules and .regulations became the contract…
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Appeal from Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) "When the Center Valley Company procured its lease from Hockadays, the owners of the land and laid the same out into mining lots, and posted and had in force the rules and regulations; and had and kept a mining register in which persons desirous of mining were compelled to register, when taking lots, the company had complied with the laws of this State, and the rules and .regulations became the contract between Ashcraft and the Center Valley Company. R. S. 1899, sec. 8766. (2) Ashcraft, the plaintiff, by signing the register…
1Opinion of the CourtEllison, J.
This action was brought to recover a sum of money alleged to he due plaintiff as royalty on ore taken from a mine in Jasper county. The plaintiff prevailed in the. trial court.
The Hockadays owned a tract of land in said county and in 1896 made a mining lease to the Center Valley Lead & Zinc Company for a term of ten years. That company laid the land off into mining lots and posted its rules and regulations for mining (sec. 8766, R. S. 1899) hy those desiring to mine. Some time prior to May 22, 1899, plaintiff registered on several of the mining lots under the rules so posted by the Center…
2Cases cited1 opinion
- Robinson v. Troup Mining Co.Missouri Court of Appeals · 1894
3Cited by3 opinions
- Robinson v. Eagle-Picher Lead Co.Supreme Court of Kansas · 1931
- Woodruff v. Superior Mineral Co.Missouri Court of Appeals · 1934
- Arbuthnot v. Eclipse Land & Mining Co.Missouri Court of Appeals · 1906