104 Mo. App. 451 | Mo. Ct. App. | 1904
This, an action of forcible entry and detainer, was begun February, 1903, before a justice of the peace in Newton county, and from jury trial and judgment in favor of complainants, defendants appealed to the circuit court, where, upon trial anew, a jury returned a verdict of guilty against all the defendants with damages assessed at $90; the complaint appears to have been devoid of claim for any rents or profits. After unsuccessful motions for new trial and in arrest, defendants have appealed to this court,
The realty, possession of which is at stake, comprised twenty acres in the mineral region of which defendant Williams was and is the owner, and the contest is between complainants, who assert rights as his lessees under a lease from him of date August 27, 1900, for term expiring October 6, 1909, according to lessees for royalty named, the privilege of mining in and upon the realty in good faith, with right to erect necessary buildings and machinery for purposes of mining, crushing and dressing ores, but reserving to lessor all uses of the ground not inconsistent with proper mining. This instrument further provided that a, failure to comply with
The judgment rendered is assailed as embracing,
The judgment herein is therefore affirmed as to defendants Marion E. Brown and E. R. Hyatt and reversed a.s to defendant L. F. Williams and the sureties P. L. Schwartz and L. H. Ornduff.