Lytle v. James
Missouri Court of Appeals
Appeal from. Jasper Circuit Court. — Sim J. D. Perkins, Judge. (1) An injunction will not lie as an original and independent proceeding to determine the title to land and mines located thereunder, where the same are held by the defendants, under claim of right and color of title. Smith v. Jameson, 91 Mo. 13. (2) The Center Creek Mining Company, under their rules and regulations, retain the possession of the lot sued for, and are entitled to all ores produced therefrom.
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Appeal from. Jasper Circuit Court. — Sim J. D. Perkins, Judge. (1) An injunction will not lie as an original and independent proceeding to determine the title to land and mines located thereunder, where the same are held by the defendants, under claim of right and color of title. Smith v. Jameson, 91 Mo. 13. (2) The Center Creek Mining Company, under their rules and regulations, retain the possession of the lot sued for, and are entitled to all ores produced therefrom. The- respondents were merely licensees having signed the rules and regulations of said company, and had no such possession as…
1Opinion of the CourtBroaddus, J.
This is a suit by plaintiffs to restrain the defendants from entering and mining on lot 24 of the Center Creek Mining Company’s land in Jasper county. The plaintiffs, except McDonald and Moody, are licensees of the Center Creek Mining Company on this and other lots, and prior to this suit had erected a concentrating mill with appurtenances and had conducted mining operations on said lots. Previous to the suit, plaintiffs McDonald and Moody leased from the other plaintiffs, at a stipulated royalty, lot 24 and other lots and were conducting mining on the same when the injunction herein was…
2Cases cited4 opinions
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Smith v. JamesonSupreme Court of Missouri · 1886
- Rochester v. Gate City Mining Co.Missouri Court of Appeals · 1900
- Lowe v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1901
3Cited by6 opinions
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- Teachout v. CloughMissouri Court of Appeals · 1910
- Meeks v. Clear Jack Mining Co.Missouri Court of Appeals · 1910
- Barron v. H. D. Williams Cooperage Co.Missouri Court of Appeals · 1914
- Continental Zinc Co. v. Amsden, Leonard & Co.Missouri Court of Appeals · 1907
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