Perkins v. Mason

• Decision Date: 01 March 1904
• Citation: 79 S.W. 987,105 Mo.App. 315
• Parties: PERKINS, Appellant, v. MASON, Respondent
• Court: Missouri Court of Appeals

79 S.W. 987

105 Mo.App. 315

PERKINS, Appellant, v. MASON, Respondent

Court of Appeals of Missouri, St. Louis

March 1, 1904

Appeal from Greene Circuit Court.--Hon. H. C. Neville, Judge.

AFFIRMED.

Judgment affirmed.

J. A Moon for appellant.

O. T Hamlin for respondent.

BLAND P. J. Reyburn and Goode, JJ., concur.

OPINION

BLAND, P. J.

Omitting caption, the petition is as follows:

"Now this day comes plaintiff, James A. Perkins, by his attorney, J. A. Moon, and represents to the court: That there is now pending on appeal in the Supreme Court of Missouri, a certain suit wherein Val Mason is plaintiff and James A. Perkins is defendant, both of whom are the same parties above mentioned, the said suit having been appealed from the Greene county circuit court by the said James A. Perkins.

"That the said suit, so pending, involves the right, title and interest of these said parties, Mason and Perkins, to the east half of the northeast quarter of section 29, township 30, range 20, in Greene county, Missouri. That at the commencement of said suit and during all times thereafter and now, said Perkins was, has been and is now, in possession of said tract of land. That the judgment and decree of the said circuit court in said case, in favor of said Mason and against said Perkins, did not give the possession of said tract of land to said Mason, and said Mason has never been in possession of said tract of land. That said land is the property of plaintiff--Perkins. That there is a lot of valuable timber on said tract of land. That to cut the said timber would materially and greatly depreciate the value of the land, and said land is worth but little with the timber taken off, as compared with its present value, and taking off the timber would be an irreparable injury. That said Mason, with his agents, employees and servants have entered upon said land and are now cutting off the timber--and have already cut and corded up a large quantity of wood, and are threatening to haul the said wood off the land and appropriate it to their own use. That said Mason and agents are insolvent and damages can not be recovered by suit at law, therefore, plaintiff Perkins asks that a temporary injunction be issued restraining said defendant, Val Mason, his agents and employees, and party or parties claiming under him, from cutting timber or trespassing upon said property, and that they be enjoined from removing any portion of said timber now cut down and severed from said land--and that upon final hearing said injunction may be made perpetual, and for all other relief pertaining to equity and justice, as the court deems proper and just."

On notice to defendant, a temporary injunction was granted by the circuit court of Greene county at the September term 1902, and afterwards, but at the same term, the defendant filed his answer, which was a general denial of the allegations of the petition. At a still later day of the same term, the issues were submitted to the court who, after hearing the evidence,...