Gordon v. Park
Supreme Court of Missouri
Appeal from Boone Circuit Court . — Hon. A. H. Waller, Judge. (1) The court should have directed a verdict for plaintiffs because the- surface and the underlying coal having been severed by grant, the surface owners ’ possession did not carry with it the possession of the coal, and there was no other evidence of continued adverse possession. Manning v. Coal Co., 181 Mo, 359'; Cathie Coal Co. v. Lloyd, 176 111. 275; Caldwell v. Copeland, 37 Pa.
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Appeal from Boone Circuit Court . — Hon. A. H. Waller, Judge. (1) The court should have directed a verdict for plaintiffs because the- surface and the underlying coal having been severed by grant, the surface owners ’ possession did not carry with it the possession of the coal, and there was no other evidence of continued adverse possession. Manning v. Coal Co., 181 Mo, 359'; Cathie Coal Co. v. Lloyd, 176 111. 275; Caldwell v. Copeland, 37 Pa. St. 427; Armstrong v. Caldwell, 53 Pa. St. 284. (a) The foregoing cases settle the rule that after a severance by grant, possession of the surface is…
1Opinion of the CourtBurgess, J.
This is an action in ejectment, instituted by plaintiff in the circuit court of Boone county, to recover possession of an undivided two-tenths of all the coal underlying certain land in said county owned by defendant Allen Park, which land and a coal mine thereon he had leased to defendant George Melloway. The petition is in the usual form. The defendants filed separate answers, that of defendant Melloway being simply a general denial; but defendant Park’s answer, in addition to denying each and every allegation in the petition, set up and pleaded the Statute of Limitations.
The trial resulted…
2Cases cited9 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Williams v. GibsonSupreme Court of Alabama · 1887
- Catlin Coal Co. v. LloydIllinois Supreme Court · 1898
- Benne v. MillerSupreme Court of Missouri · 1899
- Manning v. Kansas & Texas Coal Co.Supreme Court of Missouri · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Natural Gas Pipeline Co. of America v. PoolTexas Supreme Court · 2003
- Wallace v. HoytCourt of Appeals of Texas · 1920
- J. R. Crowe Coal & Mining Co. v. AtkinsonSupreme Court of Kansas · 1911
- Northcut v. ChurchTennessee Supreme Court · 1915
- Gordon v. ParkSupreme Court of Missouri · 1909
7 more not listed; retrieve them via the Exa API.