Legal Opinion

State ex rel. Cooper v. Goodrich

Supreme Court of Missouri

Decided December 23, 1911PublishedCited by 4 opinions

Prohibition. By an examination of the petition, it will he seen that the plaintiffs in the injunction suit claim to he the owners and entitled to certain timber now standing on a large tract of land situated in Osage county, this State, and that they have the right to enter upon said land and cut and remove the timber thereform, and further claim that the relators are interfering with their. right to enter' upon said land and cut and remove said timber.

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Prohibition. By an examination of the petition, it will he seen that the plaintiffs in the injunction suit claim to he the owners and entitled to certain timber now standing on a large tract of land situated in Osage county, this State, and that they have the right to enter upon said land and cut and remove the timber thereform, and further claim that the relators are interfering with their. right to enter' upon said land and cut and remove said timber. The answer of the defendants, relators herein, alleges that they are the absolute owners of the said land,- situated in said Osage county,…

1Opinion of the CourtWoodson, J.

This suit involves but a single proposition of law, the facts being practically undisputed.

The relators, under an assignment of a contract, made and entered into by and between one Allen and their ac'°ignors, claim the right to continue the possession of and to cut and remove standing timber from a certain tract of land situate in Osage county Missouri.

The title to the lands, some three thousand acres, through mesne conveyances, became vested in the respondents, Cooper et al. Since, however, there is no question raised regarding the purchase without notice, etc., we will put those conveyances…

2Cases cited5 opinions

  1. Price v. BlankenshipSupreme Court of Missouri · 1898
  2. Bank of Pennsylvania v. WiseSupreme Court of Pennsylvania · 1834
  3. Turner v. MorrisSupreme Court of Missouri · 1909
  4. Christopher v. People's Home & Savings Ass'nSupreme Court of Missouri · 1904
  5. Pratte v. Coffman'sSupreme Court of Missouri · 1858

3Cited by4 opinions

  1. Brewer v. DevoreMissouri Court of Appeals · 1998
  2. Wagner v. GlickSupreme Court of Iowa · 1916
  3. City of Kirkwood ex rel. McMahon v. HandlanMissouri Court of Appeals · 1914
  4. Crites v. Sho-Me Dragways, Inc.Missouri Court of Appeals · 1987

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