Lackawanna Coal & Iron Co. v. Long
Court | United States State Supreme Court of Missouri |
Citation | 231 Mo. 605,133 S.W. 35 |
Decision Date | 23 December 1910 |
Parties | LACKAWANNA COAL & IRON CO. v. LONG. |
Appeal from Circuit Court, Jackson County; Jno. G. Park, Judge.
Action by the Lackawanna Coal & Iron Company against Robert J. Long. From a judgment dismissing the bill, plaintiff appeals. Affirmed.
Johnson & Lucas, for appellant. Peak & Strother, for respondent.
Cast nisi on a general demurrer to its amended bill in equity, plaintiff stood, suffered judgment, and comes up by appeal.
The question here is single and seeks the bill. Omitting caption and description by metes and bounds of the land in question, it best speaks for itself, thus:
(a) Observe, the object and life of the bill is to tie the hands of defendant by injunction, so he cannot convey the land (assuming for the nonce he owns it) to any other than plaintiff. Now, the right of alienation, the jus disponendi, is of the essence of a fee and a vendee may not interfere with that right in chancery, unless by virtue of a contract which should be specifically enforced. Therefore, a plaintiff, as a condition precedent to such injunctive relief as here asked, must ...
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State v. Amour Packing Co.
...Chemical Works v. Nemnich, 169 Mo. 388, 69 S. W. 355; Gibson v. Railroad, 225 Mo. 478, 125 S. W. 453; Lackawanna Coal & Iron Co. v. Long, 231 Mo. 605, 133 S. W. 35." It was accordingly ruled that the demurrers to the information in question must be sustained, and the cause was dismissed. St......
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O'Day v. Van Leeuwen
...to the equitable relief prayed for therein. Story v. American Central Ins. Co., 61 Mo. App. 534; Lackawanna Coal & Iron Co. v. Long, 231 Mo. 605, 133 S.W. 35; Terry v. Michalak, 319 Mo. 290, 3 S.W. (2d) 701. (2) Since the written instrument, upon which the plaintiffs relied, and here rely, ......
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Stewart v. City of Springfield
...(2d) 803, 333 Mo. 437; City of Springfield v. Plummer, 89 Mo. App. 515; Aldridge v. Ryan, 260 S.W. 536; Lackawana Coal & Iron Co. v. Long, 231 Mo. 605, 133 S.W. 35. (c) Defendant's demurrer, because it pleads extraneous matters, matters de hors the petition, and matters of defense, is a spe......
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...not make it a part of the petition, or a part of the record, or bring it before the court for its consideration. Coal & Iron Co. v. Long, 231 Mo. 605, 133 S.W. 35; Curry v. Lackey, 35 Mo. 389; Robinson v. Levy, 217 Mo. 498, 117 S.W. 577; State ex rel. Fenn v. McQuillin, 256 Mo. 693, 165 S.W......