Arnold v. Bennett
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — lion. J. D. Perkins, Judge. (1) Possession of real estate is a prerequisite to an action for trespass tbereon, and one wbo is not in possession can not maintain the action, tbe gist of the action being injury to the possession. Masterson v. Bailroad, 5 Mo. App. 64; Lindenbower y.
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Appeal from Jasper Circuit Court. — lion. J. D. Perkins, Judge. (1) Possession of real estate is a prerequisite to an action for trespass tbereon, and one wbo is not in possession can not maintain the action, tbe gist of the action being injury to the possession. Masterson v. Bailroad, 5 Mo. App. 64; Lindenbower y. Bentley, 86 Mo. 515; Zeitinger v. Hackworth, 117 Mo. 505. (2) The plaintiffs in this case were mere licensees without possession or right of possession, and had no interest in either the land or the ore.' The only rights they had were to dig and get such ore as they might find and…
1Opinion of the Court
SMITH, P. I.
This is an action of trespass. The Duenweg Mining Company was the owner of one hundred and sixty acres of land which it laid out into mining lots, and kept posted up in a conspicuous place in its principal office a printed statement of the terms, conditions and requirements upon which such land might be mined or prospected, and the time during which the right to mine or prospect thereunder should continue, as required by section 7034, Revised Statutes 1889 (section 8766, Revised Statutes 1899). The mining company also kept a registration book for persons to sign for the lots upon…
2Cases cited12 opinions
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Baker v. . HartNew York Court of Appeals · 1890
- Springfield Foundry & Machine Co. v. ColeSupreme Court of Missouri · 1895
- Boone v. StoverSupreme Court of Missouri · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ritchie v. State Board of AgricultureMissouri Court of Appeals · 1924
- Thurmond v. Ash Grove White Lime Ass'nMissouri Court of Appeals · 1907
- Caledonian Coal Co. v. Rocky Cliff Mining Co.New Mexico Supreme Court · 1911
- Meeks v. Clear Jack Mining Co.Missouri Court of Appeals · 1910
- H. D. Williams Cooperage Co. v. Quercus Lumber Co.Missouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.