Berryman v. Becker
Missouri Court of Appeals
Appeal from Butler County Circuit Court.—Hon. Jesse C. Sheppard, Judge. (1) On its face the note had been barred by the statute for more than eleven years before suit was commenced. The burden is on the defendants to show such facts as will take the note out of the statute. Wood on. Limitation, p. 225-6, sec. 98, and note.
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Appeal from Butler County Circuit Court.—Hon. Jesse C. Sheppard, Judge. (1) On its face the note had been barred by the statute for more than eleven years before suit was commenced. The burden is on the defendants to show such facts as will take the note out of the statute. Wood on. Limitation, p. 225-6, sec. 98, and note. Biggs v. Roberts, 85 N. C. 451. (2) The indorsements on the back of the note, without proof of the fact of payment and when made, are insufficient to take the case out of the statute. Phillips v. Mahan, 52 Mo. 199; Goddard v. Williamson, 72 Mo. .133; Haver v. Sehwyhart, 39…
1Opinion of the CourtSturgis, J.
—This is a suit for injunction whereby the plaintiffs as beneficiaries in a deed of trust on 360 acres of land in Butler county, Missouri, seek to restrain the defendants, having a like interest in a prior mortgage with power of sale on the same land and 120 acres in addition in the same tract; from foreclosing said prior mortgage, as said defendants were proceeding to do when this suit was filed. The court granted a temporary injunction but on final hearing dissolved the same and dismissed plaintiff’s bill.
The plaintiffs claim that defendants should not be allowed to sell the land in…
2Cases cited30 opinions
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Lord v. MorrisCalifornia Supreme Court · 1861
- Regan v. WilliamsSupreme Court of Missouri · 1905
- Agan v. ShannonSupreme Court of Missouri · 1890
- Booker v. ArmstrongSupreme Court of Missouri · 1887
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3Cited by9 opinions
- John W. Masury & Son v. Bisbee Lumber Co.Arizona Supreme Court · 1937
- Johnston v. RaganSupreme Court of Missouri · 1915
- Lawson v. MeffertSupreme Court of Missouri · 1921
- Bush v. BlockMissouri Court of Appeals · 1916
- Wallace Cotton Co. v. Estate of WallaceMissouri Court of Appeals · 1986
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