Gilker v. Brown
Supreme Court of Missouri
Appeal from Sixth District Court. I. On the facts set forth in the instruction of the court below, the limitation act of 1825 governs in this case, and the suit was not barred. (Schultz v. Lindell’s Heirs, 40 Mo. 852; Reaume v. Chambers, 22 Mo. 54; Billon v. Larimore, 37 Mo. 387.) H. The instruction given by the court assumes a state of facts which was not in proof. Mary Lyons took a life estate in the land upon a condition subsequent. (2 Washb.
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Appeal from Sixth District Court. I. On the facts set forth in the instruction of the court below, the limitation act of 1825 governs in this case, and the suit was not barred. (Schultz v. Lindell’s Heirs, 40 Mo. 852; Reaume v. Chambers, 22 Mo. 54; Billon v. Larimore, 37 Mo. 387.) H. The instruction given by the court assumes a state of facts which was not in proof. Mary Lyons took a life estate in the land upon a condition subsequent. (2 Washb. Real Prop. 20.) The breach of the condition, without entry or claim, did not work a cesser of the estate of Mary Lyons or her grantees. (4 Kent,…
1Opinion of the CourtBliss, Judge
This is an action of ejectment commenced in October, 1867, in the St. Charles Circuit Court, and the petition alleges that the right of entry and cause of action accrued to Mary Gilker, then Mary Lyons the younger, in December, 1833. The answer denies plaintiff’s allegations and sets up the statute of limitations, and the reply interposes the disabilities of minority and coverture.
One James Lyons, the father of Mrs. Gilker, was the original patentee of the land; and in January, 1833, he executed a deed, by which he conveyed to his sister, Mary • Lyons the elder, in consideration of his regard…
2Cases cited9 opinions
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Warner v. BennettSupreme Court of Connecticut · 1863
- Reaume v. ChambersSupreme Court of Missouri · 1855
- Callaway County v. NolleySupreme Court of Missouri · 1861
- Wells v. PrinceMassachusetts Supreme Judicial Court · 1813
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3Cited by4 opinions
- Telanus v. SimpsonSupreme Court of Missouri · 1928
- Kreyling v. O'ReillyMissouri Court of Appeals · 1902
- Barrett v. Allegheny National BankMissouri Court of Appeals · 1878
- Choteau v. HarveyU.S. Circuit Court for the District of Western Missouri · 1888