Girard Life Insurance v. Mangold
Missouri Court of Appeals
Appeal from Iron Circuit Court. — Pon. Frank B. Dearing, Judge. (1) If sucb permanent injuries consist in a trespass upon land, i. e., “tbe cutting and removal of timber,” tbe beneficiary, after entry or foreclosure, may sue for trespass under section 8675, Revised Statutes 1889, now section 4572, Revised Statutes 1899. Life Ins. Oo. v. Mangold, 83 Mo. App. 281, and cases cited.
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Appeal from Iron Circuit Court. — Pon. Frank B. Dearing, Judge. (1) If sucb permanent injuries consist in a trespass upon land, i. e., “tbe cutting and removal of timber,” tbe beneficiary, after entry or foreclosure, may sue for trespass under section 8675, Revised Statutes 1889, now section 4572, Revised Statutes 1899. Life Ins. Oo. v. Mangold, 83 Mo. App. 281, and cases cited. (2) That- the plaintiff is entitled to recover in this action for the trespass described in the petition, i. e., “the cutting and removal of timber” from the lands therein described, and that the evidence offered by…
1Opinion of the CourtBland, P. J.
The petition is in two counts, both for trespass and founded on section 4572, Revised Statutes 1899. Both state the same cause of action. They differ only in the prayers for damages. The first asks for treble damages, the second for single damages only.
The answer was a general denial and special defenses not necessary to be noted here.
The evidence is that on April 25, 1891, plaintiff, through Thomas Lane, sold section 24, township 23, range 6 east, situated in Butler county, Missouri, to John Cox for sixteen hundred dollars. Cox paid eight hundred dollars in cash for the purchase price. For…
2Cases cited3 opinions
- Chouteau v. BoughtonSupreme Court of Missouri · 1890
- Heitkamp v. LaMotte Granite Co.Missouri Court of Appeals · 1894
- Girard Life Insurance Annuity & Trust Co. v. MangoldMissouri Court of Appeals · 1900
3Cited by1 opinion
- Richmond Land Co. v. WatsonMissouri Court of Appeals · 1908