Wells v. Halpin
Supreme Court of Missouri
Appeal from the Special Law and Equity Court of Jackson County at Kansas City. I. This action is not barred by the statute of limitations, as it is clearly within the saving of the statute. (Wagn.
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Appeal from the Special Law and Equity Court of Jackson County at Kansas City. I. This action is not barred by the statute of limitations, as it is clearly within the saving of the statute. (Wagn. Stat., 920, § 24; Arnold vs. Scott, 2 Mo., 14; Harper vs. Pope, 9 Mo., 402, and opinion of Judge Naptonin ease relied upon by defendant; Taylor’s Adm’r vs. Newby, 13 Mo., 164, Í65.) I. Section 24 of the limitation law evidently refers to acts of the defendant, or those under whom he claims, and of which he had full knowledge. Mere ignorance on the part of plaintiff is not sufficient. (Smith, Adm’r…
1Opinion of the CourtWagner, Judge
This case was submitted to the court sitting as a jury, upon an agreed statement offsets, from which it appears that during the year 1861 the plaintiff was the owner of the mule in controversy, and while it was in his possession it was forcibly and without authority taken or stolen from him, and that sometime in the year 1862 he saw the mule in the possession of the United States forces, and attempted, its recovery, but before anything could be done it was taken away. Where the mule afterwards was, remained unknown to plaintiff till in the summer of 1872, when he found it in the possession of…
2Cases cited3 opinions
- Foley v. JonesSupreme Court of Missouri · 1873
- Pratt & Reath v. Menkens & MenkensSupreme Court of Missouri · 1853
- Arnold v. ScottSupreme Court of Missouri · 1828
3Cited by18 opinions
- Wheeler v. Missouri Pacific Railroad Co.Supreme Court of Missouri · 1931
- Butler v. LawsonSupreme Court of Missouri · 1880
- Shelby County v. BraggSupreme Court of Missouri · 1896
- State ex rel. Bell v. YatesSupreme Court of Missouri · 1910
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
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