162 Mo. App. 502 | Mo. Ct. App. | 1912
This is a suit in unlawful detainer. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is an incorporated hunting and fishing club, and the possession involved here pertains to a small parcel of land in Lincoln county situate — in part in King’s Lake, in part in Fish Slough — and a three-cornered piece adjacent to each. On July 22, 1907, by an instrument in writing, plaintiff granted to defendant for its members the privilege of hunting and fishing on these lands until the first day of May, 1908', in consideration of $100, cash payment. At the expiration of the privilege, defendant asserted a claim of ownership to the land and water involved and refused to cease the further exercise, of its privilege thereon. Because of this, this suit in unlawful detainer was instituted, and the important question for consideration relates to the character of the right which defendant acquired touching such lands and waters under the written instrument above mentioned.
The complaint declares upon, and the suit proceeds against defendant under, the first clause of the
Prom the terms of the instrument relied upon by plaintiff here, it appears that defendant was granted the privilege of hunting and fishing, on the lands and in the waters described, for the use of its members, but even this privilege was not exclusive, for it expressly stipulates that plaintiff himself and the members of his family should enjoy the same right at all times as well. It appears, furthermore, that plaintiff reserved possession of the lands for the purpose of agriculture and defendant agreed that its members should not interfere with his growing crops thereon. Prom a study of the instrument, it is obvious that the rela