Smith v. Jameson
Supreme Court of Missouri
Appeal from, Jasper Circuit Court. — Hon. Noah M. Givan, Special Judge. (1) The testimony is uncontradicted that the plaintiffs were in possession of tlie surface of the land up to the “line shaft,” which covers and includes the disputed strip, hence an action of ejectment would not lie, and the only adequate remedy for plaintiffs was by injunction.
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Appeal from, Jasper Circuit Court. — Hon. Noah M. Givan, Special Judge. (1) The testimony is uncontradicted that the plaintiffs were in possession of tlie surface of the land up to the “line shaft,” which covers and includes the disputed strip, hence an action of ejectment would not lie, and the only adequate remedy for plaintiffs was by injunction. An injunction will lie to restrain trespass to mining property, since the injury goes to the immediate destruction of the minerals which constitute the chief value of that species of property, and because it operates as a permanent injury to the…
1Opinion of the CourtRay, J.
This is an original and independent suit, for an injunction to restrain the defendants from moving upon a “ strip of ground ” on the boundary line between lots one and two, of the southwest quarter of section 7, township 28, range 33, in Jasper county, twelve feet wide at the north end and twenty at the south end, the ownership and possession of which is claimed by both parties. Suit was commenced twelfth of January, 1883, with temporary injunction till the March term, 1883, when there was answer of general denial and motion to dissolve the injunction, which came on for trial at the September…
2Cases cited4 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Janney v. SpeddenSupreme Court of Missouri · 1866
- More v. PerrySupreme Court of Missouri · 1875
3Cited by10 opinions
- Oolagah Coal Co. v. McCalebCourt of Appeals for the Eighth Circuit · 1895
- Dumm v. Cole CountySupreme Court of Missouri · 1926
- St. Louis Smelting & Refining Co. v. HobanSupreme Court of Missouri · 1948
- Real Estate Investment Co. v. WinnMissouri Court of Appeals · 1938
- Sills v. GoodyearMissouri Court of Appeals · 1899
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