444.030. Tender of payment.
Tender of payment.
444.030. Any such person or persons who, by the permissionor consent of the owner or lessee of any real estate, and havingthe right to mine thereon, and having entered and dug or minedthereon any lead ore or other mineral, shall have the right tothe exclusive possession of such ore or mineral, except theroyalty thereon, which shall be paid as herein provided, until heor they shall be paid or tendered by such owner or lessee of suchreal estate the then highest market price in cash paid by suchowner or lessee for the same kind of ore or mineral dug or minedon said lands, and if no other such ores or minerals are at thetime being dug or mined on said lands and sold to such owner orlessee, then the highest price paid for such ore or mineral dugon lands nearest thereto shall be paid or tendered by such owneror lessee in such case, and upon such payment or tender, theabsolute right to the possession of such lead ore or othermineral so dug out and mined under the provisions of section444.020, and for which such payment or tender shall have beenmade, shall vest in such owner or lessee.
(RSMo 1939 § 14785)Prior revisions: 1929 § 13595; 1919 § 7438; 1909 § 8410