Chilton v. Missouri Lumber & Mining Co.
Missouri Court of Appeals
Appeal from Carter Circuit Court. — Hon. W. N. Evans, Judge. (1) The five years in which the defendant’s timber deed limited it to remove the timber from the land involved having expired by more than a year when it cut the timber in controversy, it had absolutely no right to cut and remove such timber. State v. Kempf, 11 Mo. App. 88; Adkins v. Huff, 7 A. and E. Ann. Cas., 246; St. Louis Cypress Co. v. Thibedeaux, 45 S. R. 744; Saltonstall v. Little, 90 Pa.
Read the full summary
Appeal from Carter Circuit Court. — Hon. W. N. Evans, Judge. (1) The five years in which the defendant’s timber deed limited it to remove the timber from the land involved having expired by more than a year when it cut the timber in controversy, it had absolutely no right to cut and remove such timber. State v. Kempf, 11 Mo. App. 88; Adkins v. Huff, 7 A. and E. Ann. Cas., 246; St. Louis Cypress Co. v. Thibedeaux, 45 S. R. 744; Saltonstall v. Little, 90 Pa. St. 422; McRae v. Stillwell, 36 S. E. 604; Webber v. Proctor (Maine), 3 Atl. 631; Golden v. Glock, 15 N, W. 12; Mengal Box Co. v. Moore, 4…
1Opinion of the CourtNixon, P. J.
As will be seen from this statement, this is an action for tresspass on tbe west half of section 19, township 29, range 2, brought under section 4572, Revised Statutes 1899, in which tbe petition charges that tbe respondent entered upon and cut down and destroyed trees and carried away timber growing upon tbe land of tbe appellant, for which injury judgment was asked for treble damages.
Upon tbe bearing of the case, tbe parties filed a stipulation whereby it was agreed that on August 14,. 1908, tbe respondent entered upon said land and cut and removed timber of tbe value of $114.95. By…
2Cases cited9 opinions
- Walther v. WarnerSupreme Court of Missouri · 1858
- Henry v. LoweSupreme Court of Missouri · 1880
- Hubbard v. North British & Mercantile InsuranceMissouri Court of Appeals · 1894
- Brewster v. LinkSupreme Court of Missouri · 1859
- Labeaume v. WoolfolkSupreme Court of Missouri · 1853
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Barnes v. Arkansas-Missouri Power Co.Missouri Court of Appeals · 1926
- Breiding v. WellsMissouri Court of Appeals · 1990
- Giudicy v. Giudicy Marble, Terrazzo & Tile Co.Supreme Court of Missouri · 1959
- Anduze v. LeaderSuperior Court of The Virgin Islands · 2015
1 more not listed; retrieve them via the Exa API.