Murphy v. DeFrance
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The petition states facts sufficient to constitute a cause of action for fraud. Phelps Co. v. Bishop, 68 Mo. 250; Kerr v. Simmons, 82 Mo. 269. (2) It states a case not barred by the statute of limitations. Plaintiff need not anticipate the defense of the statute.
Read the full summary
Appeal from Knox Circuit Court. — Hon. B. E. Turner, Judge. (1) The petition states facts sufficient to constitute a cause of action for fraud. Phelps Co. v. Bishop, 68 Mo. 250; Kerr v. Simmons, 82 Mo. 269. (2) It states a case not barred by the statute of limitations. Plaintiff need not anticipate the defense of the statute. Halsey v. Wood, 55 Mo. 252 ; Burén v. Burén, 79 Mo. 538; Bunn v. Miller, 96 Mo. 324. (3) One relying on the statute of limitations as a defense must plead the particular one he relies on. Vail v. Jacobs, 7 Mo. App. 571. (4) An agreement among bidders justas here, that…
1Opinion of the CourtGantt, P. J.
This is a suit in equity by Stephen Murphy, in his own right as heir and as assignee of the other children of Benjamin Murphy, deceased, to set aside a sale of certain real estate, sold by Guy Chandler, administrator of Benjamin Murphy, to appellant DeFrance in October, 1874. The lands are sixteen acres off the north side of the northeast quarter of the southeast quarter of section 8, and the north half of the southeast quarter of section 6, township 62, range 15, in Adair county.
This action was commenced September 22, 1886, in Adair circuit court, and, on November 20,1886, the venue *57was…
2Cases cited12 opinions
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Hunter v. HunterSupreme Court of Missouri · 1872
- Jones v. BrinkerSupreme Court of Missouri · 1854
- Murphy v. De FranceSupreme Court of Missouri · 1890
- Lewis v. WilliamsSupreme Court of Missouri · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cross v. GouldMissouri Court of Appeals · 1908
- Knisely v. LeatheSupreme Court of Missouri · 1914
- Modine Manufacturing Company v. CarlockSupreme Court of Missouri · 1974
- State v. HaneySupreme Court of Missouri · 1955
29 more not listed; retrieve them via the Exa API.