Lennox v. Vandalia Coal Co.
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) In tbe first count of the amended petition, plaintiff only sued for the installment of fixed rental for that month, together with other installments for subsequent months, omitting from the account all averments regarding the said royalties; but in the second count of the amended petition she sued to recover the royalties for the said month of August, 1895, which were embraced in the original petition,…
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. (1) In tbe first count of the amended petition, plaintiff only sued for the installment of fixed rental for that month, together with other installments for subsequent months, omitting from the account all averments regarding the said royalties; but in the second count of the amended petition she sued to recover the royalties for the said month of August, 1895, which were embraced in the original petition, also to recover royalties which accrued for other months subsequent to that month. The trial court, therefore, erred in…
1Opinion of the CourtRobinson, J.
Geo. W. Lennox owned a tract of land containing about one hundred and forty acres adjoining the Wabash Railway, at Wellsville, Montgomery county, Missouri. This land was supposed to be underlaid with coal, and valuable for mining purposes. On' December 27, 1887, Mr. Lennox and his wife, the plaintiff herein, executed, a mining lease to defendant for the period of twenty years, ending December 27, 1907.
*477By the terms of the lease defendant was given “the exclusive right to enter upon the land hereby leased, to search for coal, and to drive tunnels, passages, and ways in and through said land,…
2Cases cited5 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Ward v. DavidsonSupreme Court of Missouri · 1886
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Munford v. KeetSupreme Court of Missouri · 1900
- Lennox v. Vandalia Coal Co.Missouri Court of Appeals · 1896
3Cited by13 opinions
- J. E. Blank, Inc. v. Lennox Land Co.Supreme Court of Missouri · 1943
- Lawrence v. PedersonWashington Supreme Court · 1904
- Bailey v. WilliamsSupreme Court of Missouri · 1959
- Beach v. BryanMissouri Court of Appeals · 1911
- Logan Coal & Timber Asso. v. CommissionerUnited States Board of Tax Appeals · 1940
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