Desloge v. Pearce
Supreme Court of Missouri
Error to Washington Circuit Court. This was a suit of ejectment, instituted by plaintiffs as heirs of Firman Desloge, to recover the possession of a piece of ground, about one .half of an acre in extent, the orifice or landing-place of a shaft known as Pearce & Willoughby’s shaft.
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Error to Washington Circuit Court. This was a suit of ejectment, instituted by plaintiffs as heirs of Firman Desloge, to recover the possession of a piece of ground, about one .half of an acre in extent, the orifice or landing-place of a shaft known as Pearce & Willoughby’s shaft. It also includes a prayer that defendants be restrained from taking out the mineral from the shaft, the plaintiffs, as owners.of the land, claiming to be the owners not pnly of the mine, but of the right to work it. The plaintiffs gave six months’ notice to quit before bringing their suit. Defendants relied upon the…
1Opinion of the CourtHolmes, Judge
This was an action of ejectment for the possession of land in which the defendants were working a lead mine. The answer denies the plaintiffs’ right to the possession, or to damages. It alleges by way of defence, first, a grant from the ancestor of the plaintiffs to one of the defendants, in 1835, for mining lead ore, with authority to sink shafts and raise mineral, and with the privilege of taking the same to his own use, paying to the grantor one tenth of the lead or ore, and that afterwards the other defendant became a joint owner in the grant; and that they had enjoyed the possession and…
2Cases cited3 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Ridgely v. StillwellSupreme Court of Missouri · 1857
3Cited by11 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
- Allen v. MansfieldSupreme Court of Missouri · 1884
- Brown v. BaldwinSupreme Court of Missouri · 1894
- Wood v. Michigan Air Line RailroadMichigan Supreme Court · 1892
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