Turner v. Lord
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. P. G-eigek, Judge. (1) Plaintiff Turner cannot recover because Ms demand is stale. 'Plaintiff Howell took his assignment of a half interest subject to all equities urgeable against Turner. The full period of the statute of limitations is not required by a court of equity to bar a stale demand where the circumstances have changed. 1 Story’s Eq.
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Appeal from Greene Circuit Court. — Hon. W. P. G-eigek, Judge. (1) Plaintiff Turner cannot recover because Ms demand is stale. 'Plaintiff Howell took his assignment of a half interest subject to all equities urgeable against Turner. The full period of the statute of limitations is not required by a court of equity to bar a stale demand where the circumstances have changed. 1 Story’s Eq. Jur. [11 Ed.] secs. 64, 771, 1520; Moreman v. Talbott, 55 Mo. 397 ; Bradshaw v. Yates, 67 Mo. 232; Bliss v. Prichard,67 Mo. 181; Kelly v. Hart, 61 Mo. 466; s. c.,74 Mo. 572. (2) Splitting up a cause of action…
1Opinion of the CourtSherwood, J.
This is a suit for damages for breach of a bond, whereby the defendant acknowledged himself indebted to the plaintiff, Turner, in the sum of two hundred dollars, conditioned as follows:
“The condition of the above obligation is such that if the above bound Isaac L. Lord, his heirs or legal representatives shall and do upon
(Here are six blank lines in the original instrument).
“make, execute and deliver, or cause to be made, executed and delivered, unto said H. O. Turner, his heirs and assigns, a good and sufficient deed of general warranty, such as will be sufficient to convey, assure and…
2Cases cited7 opinions
- Burnett v. CrandallSupreme Court of Missouri · 1876
- Farrar v. Christy's AdministratorsSupreme Court of Missouri · 1857
- State ex rel. Moore v. SanduskySupreme Court of Missouri · 1870
- Fourth National Bank v. NoonanSupreme Court of Missouri · 1885
- Loomis v. RobinsonSupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McKee v. DowningSupreme Court of Missouri · 1909
- Gary Realty Co. v. SwinneySupreme Court of Missouri · 1929
- Edmonston v. JonesMissouri Court of Appeals · 1902
- Maryland Casualty Co. v. Kansas CityCourt of Appeals for the Eighth Circuit · 1942
- Hodkinson v. McNeal Machinery Co.Missouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.