Empire Zinc Co. v. Freeman
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. STATEMENT, BY ELLISON, J. The following are the rules referred to in the opinion: “mining rules and regulations of the eagle land OF THE EMPIRE ZINC COMPANY.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. STATEMENT, BY ELLISON, J. The following are the rules referred to in the opinion: “mining rules and regulations of the eagle land OF THE EMPIRE ZINC COMPANY. “In accordance with the provisions of the Revised Statutes of the state of Missouri, the Empire Zinc Company does hereby make and publish the terms and requirements upon which mining will be permitted on the following lands owned and controlled by it, to wit: The west half of the southwest quarter of section fifteen (15), and the west half of the southeast quarter, and…
1Opinion of the Court
Ellison, J. —
This is an action of replevin for a lot of zinc ore. The court gave a peremptory instruction for plaintiff and defendant appeals. Plaintiff was the owner of the land from which the ore was taken. The land was divided off into mining lots and plaintiff permitted mining thereon by those who would subscribe to the mining rules (set forth at another place) which had been adopted and posted as authorized by section 7034, Revised Statutes 1889.
The rules adopted and posted by plaintiff became a part of the contract between plaintiff and anyone mining plaintiff’s land. Garvey v. Gunther,…
2Cases cited1 opinion
- Garvey v. GuntherMissouri Court of Appeals · 1892
3Cited by3 opinions
- Rochester v. Gate City Mining Co.Missouri Court of Appeals · 1900
- Lowe v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1901
- Bingo Mining Co. v. FeltonMissouri Court of Appeals · 1899