Kennett v. Plummer
Supreme Court of Missouri
Appeal from Newton Circuit Court. This was an action, under tbe act to prevent certain trespasses (R. C. 1855, p. 1552), to recover damages for an alleged carrying away by defendants of a large amount of lead ore from tbe land of plaintiffs. Tbe land upon which tbe alleged trespasses were committed is section six, township twenty-five, range thirty west, situate in Newton county.
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Appeal from Newton Circuit Court. This was an action, under tbe act to prevent certain trespasses (R. C. 1855, p. 1552), to recover damages for an alleged carrying away by defendants of a large amount of lead ore from tbe land of plaintiffs. Tbe land upon which tbe alleged trespasses were committed is section six, township twenty-five, range thirty west, situate in Newton county. Plaintiffs claim said land by virtue of a lease from the Pacific Railroad, dated “June 11, 1857, for a term of ten years. Tbe petition sets forth the title of the plaintiffs as follows : 1st, act of Congress of June…
1Opinion of the CourtRichardson, Judge
The main objection taken to the plaintiffs’ right of recovery is, that the lease under which they claim is void ; first, because it is in violation of the condition on which the grant of the lands was made by Congress; and, secondly, because the mortgage to the treasurer of the state, which had been previously executed by the lessor, was still outstanding. Whatever title the state of Missouri acquired by the act of Congress of the 10th of June, 1852, was vested in the Pacific Railroad by the act of the general assembly approved December 25, 1852 ; and whether the state acquired the fee simple…
2Cases cited1 opinion
- Cooper v. RobertsSupreme Court of the United States · 1856
3Cited by12 opinions
- Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
- Ambrose Manufacturing Co. v. GapenMissouri Court of Appeals · 1886
- Brandtjen & Kluge, Inc. v. HunterMissouri Court of Appeals · 1940
- Salmon v. FewellMissouri Court of Appeals · 1885
- A. & R. Realty Co. v. Northwestern Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1938
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