School Directors of St. Charles v. Goerges
Supreme Court of Missouri
Error to St. Gharles Circuit Court. I. In limitations to actions for the recovery of land, tbe act in force at the time tbe action is commenced, and not when cause of action accrued, must govern. In tbe case at bar, at tbe time tbe suit was commenced no limitation could be pleaded concerning lands held in trust for tbe support of schools.
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Error to St. Gharles Circuit Court. I. In limitations to actions for the recovery of land, tbe act in force at the time tbe action is commenced, and not when cause of action accrued, must govern. In tbe case at bar, at tbe time tbe suit was commenced no limitation could be pleaded concerning lands held in trust for tbe support of schools. (Hauser v. Hoffman, 32 Mo. 334; Billon v. Walsh, 46 Mo. 492.) H. The statute of limitations, under tbe laws of 1855, could not commence running until tbe lot was set apart for the support of schools in 1857, as no title vested in tbe schools from tbe United…
1Opinion of the CourtAdams, Judge
This was an action of ejectment for a lot in St. Charles. The plaintiff claimed title under acts of’ Congress whereby the lot' in controversy was set apart and donated to it for school purposes. The defendants claim title by adverse possession for more than ten years before the commencement of this suit, which they set up in their answer as a defense to this suit. The plaintiff moved to strike out this defense, which motion was overruled and an exception taken to this action of the court. The plaintiff then suffered a nonsuit, with leave to move to set the same aside, and filed a motion for…
2Cases cited2 opinions
- County of St. Charles v. PowellSupreme Court of Missouri · 1856
- Abernathy v. DennisSupreme Court of Missouri · 1872
3Cited by28 opinions
- City of Wheeling v. CampbellWest Virginia Supreme Court · 1877
- Cunningham v. SnowSupreme Court of Missouri · 1884
- Van Wagoner v. WhitmoreUtah Supreme Court · 1921
- H. & T. C. R'y Co. v. Travis CountyTexas Supreme Court · 1884
- State v. PetersonIdaho Supreme Court · 1939
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