Neilson v. County of Chariton
Supreme Court of Missouri
Appeal from Chariton Common Pleas. I. The two years limitation in § 1, art. 2 of the Limitation Law, Wagn. Stat., 915, does not apply in this case. That section did .not go into effect until August 1st, 1866, and plaintiff’s right of action accrued in June, 1865. The limitation law, then in force, was that of ten years. (See § 32, art. 2, supra.
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Appeal from Chariton Common Pleas. I. The two years limitation in § 1, art. 2 of the Limitation Law, Wagn. Stat., 915, does not apply in this case. That section did .not go into effect until August 1st, 1866, and plaintiff’s right of action accrued in June, 1865. The limitation law, then in force, was that of ten years. (See § 32, art. 2, supra. (Billion vs. Walsh, 46 Mo., 495; Gilker vs. Brown, 47 Mo., 110, 111; McCartney, Adm’r, vs. Alderson, 54 Mo., 324) In New York where the limitation in force at the time the right of action accrued was repealed, and a shorter limitation adopted, it is…
1Opinion of the CourtShkewood, Judge
The material facts of this case are these:
In 1857, F. W. Hoffman conveyed the property in controversy (a lot in the city of Brunswick), to A. M. Day. subject to a mortgage to Chariton county, executed by Hoffman in 1854. In 1859, Day conveyed to A. D. Day, who, in 1860, executed a deed of trust to one Barr, and in the same year the plaintiff became the purchaser of the property in dispute at a sale made under the last named deed.
In 1865, a sale took place by virtue of the mortgage made in 1854, to the county, and Frederick Passe, the father of the minor defendants, bought thereat, and entered…
2Cases cited4 opinions
- School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
- Carter v. AbshireSupreme Court of Missouri · 1871
- Abernathy v. DennisSupreme Court of Missouri · 1872
- McCartney v. AldersonSupreme Court of Missouri · 1873
3Cited by11 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Sav. & Loan Soc'y v. DeeringCalifornia Supreme Court · 1885
- Vail v. JacobsSupreme Court of Missouri · 1876
- Telanus v. SimpsonSupreme Court of Missouri · 1928
- Alexander v. CampbellSupreme Court of Missouri · 1881
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