Legal Opinion

Manning v. Kansas & Texas Coal Co.

Supreme Court of Missouri

Decided May 10, 1904PublishedCited by 18 opinions

Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) Mrs. McCormick, since 1855, the date of Flore’s making the mortgage to Wood, Bacon & Company, seems to have been in exclusive possession of al! four forties to her death. She left in possession and mistress of the situation her daughter, Mrs. Manning, whose husband had furnished the money, apparently, to make all the substantial improvements.

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Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) Mrs. McCormick, since 1855, the date of Flore’s making the mortgage to Wood, Bacon & Company, seems to have been in exclusive possession of al! four forties to her death. She left in possession and mistress of the situation her daughter, Mrs. Manning, whose husband had furnished the money, apparently, to make all the substantial improvements. Mrs. Manning remained in possession of all four of the forties until her marriage with Stephen Gipson. Whatever possession he afterward had came by right of the marriage and followed…

1Opinion of the CourtBurgess, J.

This is an action to quiet and determine the title to one hundred and sixty acres of land in the county of Macon of which plaintiff claims to be owner in fee, and in the possession.

The answer is a general denial. It then admits that it may be true, as alleged by plaintiff, that he is in possession of the surface of the land in question, but denies that the plaintiff is in possession or ever has been in possession of the coal strata and other minerals underneath the surface of the said real estate. It alleges that it acquired title to the coal strata under the surface of the land and surface…

2Cases cited16 opinions

  1. Snoddy v. BolenSupreme Court of Missouri · 1894
  2. Nofsinger v. HartnettSupreme Court of Missouri · 1884
  3. Cockrill v. HutchinsonSupreme Court of Missouri · 1896
  4. Hickman v. LinkSupreme Court of Missouri · 1888
  5. Wardell v. WatsonSupreme Court of Missouri · 1887

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3Cited by18 opinions

  1. Wallace v. HoytCourt of Appeals of Texas · 1920
  2. Luse v. ParmerCourt of Appeals of Texas · 1920
  3. Northcut v. ChurchTennessee Supreme Court · 1915
  4. Green v. West Texas Coal Mining & Developing Co.Court of Appeals of Texas · 1920
  5. Smoot v. CommissionerUnited States Board of Tax Appeals · 1932

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