Hill v. Ground
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The chief value of the land sold being the lead and zinc ore it contained, the life tenant would have the right to mine the same although the same may not have been opened up for mining prior to the commencement of the life estate.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The chief value of the land sold being the lead and zinc ore it contained, the life tenant would have the right to mine the same although the same may not have been opened up for mining prior to the commencement of the life estate. Saeger v. McCabe, 92 Mich. 186. (2) Even if it be conceded that the tenant for life can not open up mines where no mines were opened before the commencement of the life estate and that he would be guilty of waste if he opened up mines without the consent of the remainderman, yet, if the real estate can…
1Opinion of the CourtJohnson, J.
Plaintiffs sued for the partition of forty acres of land situated in Jasper county. It is alleged in their petition that plaintiff L. V. Hill is the owner of a life estate in the Avhole tract during the natural life of Thomas Sears and that the reversion is owned in common by plaintiffs and defendants whose respective interests represented in twentieths are as folloAvs: L. Y. Hill two, Howett one, Isaac Hill two and the defendants Ground and Irwin fifteen’ Further it is alleged that the character of the land and number of owners make division in kind impracticable.
Defendants in their ansAver…
2Cases cited9 opinions
- Koen v. BartlettWest Virginia Supreme Court · 1895
- Barton Coal Co. v. CoxCourt of Appeals of Maryland · 1873
- Hook v. Garfield Coal Co.Supreme Court of Iowa · 1900
- Davis v. ClarkMissouri Court of Appeals · 1890
- Gerkins v. Kentucky Salt Co.Court of Appeals of Kentucky · 1897
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3Cited by3 opinions
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Buder v. FranzCourt of Appeals for the Eighth Circuit · 1928
- Knowles v. MooreMissouri Court of Appeals · 1981