State ex rel. Hounsom v. Moore
Missouri Court of Appeals
Error to Schuyler Circuit Court, Hon. Andrew Ellison, J. The facts sufficiently appear in the opinion of the conrt. I. The court erred in refusing to give plaintiff’s instruction as to limitation. Dillon) s Admr. ». Bates, 39 Mo. 292; Butler v. Lawson, 72 Mo. 227; Reilly «. Chonquette, 18 Mo. 220. Death may be proved by any satisfactory evidence. Hancock v. Ins. Co., 62 Mo. 26; Lancaster v. Ins. Co., 62 Mo. 121. II.
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Error to Schuyler Circuit Court, Hon. Andrew Ellison, J. The facts sufficiently appear in the opinion of the conrt. I. The court erred in refusing to give plaintiff’s instruction as to limitation. Dillon) s Admr. ». Bates, 39 Mo. 292; Butler v. Lawson, 72 Mo. 227; Reilly «. Chonquette, 18 Mo. 220. Death may be proved by any satisfactory evidence. Hancock v. Ins. Co., 62 Mo. 26; Lancaster v. Ins. Co., 62 Mo. 121. II. Unless the statute of limitations commenced to run against John Elliott in his lifetime it did not run against Elmer E. Honnsom during his minority. Mather son v. Dams, 2 Coldwell…
1Opinion of the Court
Opinion by
Philips, P. J.
The facts of this case, essential to its determination, are substantially as follows: One Sarah Elliott died, prior to 1874, seized of certain lands, which descended to. the plaintiff, Elmer E. Hounsom, and others, as her heirs at law. Among such heirs was one John Elliott. In 1874 there was a suit in partition of said lands among said heirs. The plaintiff here was a plaintiff in that suit, and the said John Elliott was a party defendant brought in on order of publication. Judgment of partition was had therein, and the land sold, under the decree of the court, for…
2Cases cited13 opinions
- Forder v. DavisSupreme Court of Missouri · 1866
- Pentz v. KuesterSupreme Court of Missouri · 1867
- Smith v. DennySupreme Court of Missouri · 1865
- Woodin v. BagleyNew York Supreme Court · 1835
- Murphy v. HanrahanWisconsin Supreme Court · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Burnes v. BurnesCourt of Appeals for the Eighth Circuit · 1905
- Becraft v. LewisMissouri Court of Appeals · 1890
- Odom v. LangstonSupreme Court of Missouri · 1943
- Stevens v. LarwillMissouri Court of Appeals · 1904
- McCracken v. McCaslinMissouri Court of Appeals · 1892
17 more not listed; retrieve them via the Exa API.