Boone v. Stover
Supreme Court of Missouri
Error to Morgan Circuit Court. — IIon. George W. Miller, Judge. Action for damages for breach of an implied covenant for quiet enjoyment of a mining right granted by an instrument under seal. At the trial plaintiffs were forced to take a non-suit. Hence, this appeal. 1. Implied covenants for peaceable and quiet enjoyment arose from the instrument or lease.
Read the full summary
Error to Morgan Circuit Court. — IIon. George W. Miller, Judge. Action for damages for breach of an implied covenant for quiet enjoyment of a mining right granted by an instrument under seal. At the trial plaintiffs were forced to take a non-suit. Hence, this appeal. 1. Implied covenants for peaceable and quiet enjoyment arose from the instrument or lease. There can be no doubt of this, where rent was paid and received, as in this case. 4 Cruise’s Dig. title, lease, p. 51, marginal 68; Mack v. Patchin, 29 How. (N. Y.) 20; Hamilton v. Wrights Admr., 28 Mo. 199; Vernam v. Smith, 1 Smith (N. Y.)…
1Opinion of the CourtN apton, J.
1. minino license: covenants.
—In this case we are under no necessity of referring to the distinction which is recognized, both in England and in this country, between parol licenses and licenses by deed, which in some cases is important. The distinction is clearly, though somewhat quaintly explained by C. J. Vaughn, in Thomas v. Sorrel, (Vaugh. 351), “ a dispensation or license properly passeth no interest, nor alters or transfers property in any thing, but only makes an action lawful, without which it had been unlawful, as a license to go beyond the seas, to hunt in a man’s park, to come…
2Cases cited2 opinions
- Link v. VaughnSupreme Court of Missouri · 1853
- Hamilton v. Wright's AdministratorSupreme Court of Missouri · 1859
3Cited by22 opinions
- Springfield Foundry & Machine Co. v. ColeSupreme Court of Missouri · 1895
- Ross v. Cleveland & Aurora Mineral Land Co.Supreme Court of Missouri · 1901
- Stinson v. HardyOregon Supreme Court · 1895
- Kirk v. MattierSupreme Court of Missouri · 1897
- Whiteside v. Oasis ClubMissouri Court of Appeals · 1912
17 more not listed; retrieve them via the Exa API.