Nelson v. Haeberle
Missouri Court of Appeals
Appeal from tlie Greene County Circuit Court, James R. Vaughan, Judge. The statutes of limitation affect remedies, not things or rights in the a.b-•stract, and can, therefore, only run against individuals representing those things or rights as owner, bailee, trustee, etc., on account of the laches of such individuals; and inasmuch as a,n administrator, as such, is trustee of an express trust, the statute can not affect the trust fund he represents, but must operate on him,…
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Appeal from tlie Greene County Circuit Court, James R. Vaughan, Judge. The statutes of limitation affect remedies, not things or rights in the a.b-•stract, and can, therefore, only run against individuals representing those things or rights as owner, bailee, trustee, etc., on account of the laches of such individuals; and inasmuch as a,n administrator, as such, is trustee of an express trust, the statute can not affect the trust fund he represents, but must operate on him, if for his laches the fund be lost or injured. Rev. Stat., sect. 240; Miller «. Woodward, 8 Mo. 176; Ruby r. Barrett, 12…
1Opinion of the CourtRombauer, J.
The only question presented by this appeal is, whether the plaintiff’s claim is barred by the special statute of limitations of two years, applicable to the exhibition of demands against the estate of decedents.
The defendant’s decedent left this state in 1862, and died outside of it in 1865. Letters of administration were granted on his estate, in Greene county, Missouri, on the twenty-second day of July, 1882, to the defendant administrator, of which fact notice was duly published, as required by law, within thirty days thereafter.
The plaintiff’s decedent died intestate in 1870, but *3no…
2Cases cited10 opinions
- Miller v. WoodwardSupreme Court of Missouri · 1843
- Greenabaum v. ElliottSupreme Court of Missouri · 1875
- Polk's Administrator v. AllenSupreme Court of Missouri · 1854
- Richardson v. HarrisonSupreme Court of Missouri · 1865
- McKinzie v. HillSupreme Court of Missouri · 1873
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3Cited by5 opinions
- Thompson v. LyonsSupreme Court of Missouri · 1920
- Chilton v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1910
- Little v. ReidMissouri Court of Appeals · 1898
- Price v. McCauseMissouri Court of Appeals · 1888
- Skiles v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1908