Mine LaMotte Lead & Smelting Co. v. White
Missouri Court of Appeals
Appeal from Madison Circuit Court. — Ho». B. Anthony, Judge. (1) The court erred in admitting the written memoranda issued by Gabriel and possibly intended as transfers of the timber in controversy. R. S. 1899, sec. 3418; Potter v. Everett, 40 Mo. App. 153. (2) The court erred in refusing each of the instructions asked by appellant. Ins. Co. v. Tillery, 152 Mo. 421; Kelly v. Vandiver, 75 Mo.
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Appeal from Madison Circuit Court. — Ho». B. Anthony, Judge. (1) The court erred in admitting the written memoranda issued by Gabriel and possibly intended as transfers of the timber in controversy. R. S. 1899, sec. 3418; Potter v. Everett, 40 Mo. App. 153. (2) The court erred in refusing each of the instructions asked by appellant. Ins. Co. v. Tillery, 152 Mo. 421; Kelly v. Vandiver, 75 Mo. App. 435. (3) The court erred in modifying plaintiff’s instruction numbered one, and in giving it to the jury as modified. Baker v. Campbell, 32 Mo. App. 529; Pratt v. Conway, 148 Mo. 291; State ex rel.…
1Opinion of the CourtGoode, J.
(after stating the facts). — The instructions indicate that the trial court was of the opinion that if the defendant was in possession of the land for the purpose of cutting timber when the plaintiff acquired title,.the latter could not recover. The land was wild and uncultivated and defendant felled trees where be pleased on any of the different tracts. The question which demands first consideration, and from several points of view, is what right or interest he had in the trees.
If the memoranda of the sale of the timber by Gabriel to Burnley are to be taken as meaning what they *230say, Gabriel…
2Cases cited22 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Woodward v. SeelyIllinois Supreme Court · 1849
- Kaufmann v. SchillingSupreme Court of Missouri · 1874
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3Cited by10 opinions
- Gibson v. SharpMissouri Court of Appeals · 1955
- Stagner v. StaplesMissouri Court of Appeals · 1968
- Crancer v. LareauCourt of Appeals for the Eighth Circuit · 1924
- Hayward v. PoindexterMissouri Court of Appeals · 1921
- Starks v. Garver Lumber Manufacturing Co.Missouri Court of Appeals · 1914
5 more not listed; retrieve them via the Exa API.