Legal Opinion

Poe v. Domec

Supreme Court of Missouri

Decided October 15, 1873PublishedCited by 16 opinions

Appeal from Cape Girardeau Circuit Court. I. The statute of limitations, has never been permitted to he pleaded in bar of a trust, to cover up a mistaké, or to take the benefit of. a fraud by the party pleading it. (1st. Danl. Ch. Pr. [3d Ed.] 666, et seq.; Kane vs. Bloodgood, 8 Johns. Oh., 90; Keeton vs. Keeton, 20 Mo.,- 530; Johnson vs. Smith, 27 Mo., 591; Fugate vs. Fierce, 49 Mo., 441; Ang. Lim. [4 Ed.] § 384 and notes.) II.

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Appeal from Cape Girardeau Circuit Court. I. The statute of limitations, has never been permitted to he pleaded in bar of a trust, to cover up a mistaké, or to take the benefit of. a fraud by the party pleading it. (1st. Danl. Ch. Pr. [3d Ed.] 666, et seq.; Kane vs. Bloodgood, 8 Johns. Oh., 90; Keeton vs. Keeton, 20 Mo.,- 530; Johnson vs. Smith, 27 Mo., 591; Fugate vs. Fierce, 49 Mo., 441; Ang. Lim. [4 Ed.] § 384 and notes.) II. The statutes and the repeated rulings of this court, are against the admissibility of defendant Poe’s evidence for any purpose whatever — “ in actions where one of…

1Opinion of the CourtVories, Judge

This was a suit in chancery commenced in the Cape Girardeau Circuit Court.

The charges in the petition are substantially, that sometime in the year 1832, one William H: Poe entered upon lands described as “out lot number fifty-three situate near the city of Cape Girardeau, said lot being part of the confirmation made to Lewis Lorimer, and in survey number two thousand one hundred and ninety”; that said William H. Poe resided on said lands claiming them as his own openly, adversely and notoriously, which notorious possession under color of title and claim of right, was notorious in the…

2Cases cited2 opinions

  1. Stanton v. RyanSupreme Court of Missouri · 1867
  2. Billion v. WalshSupreme Court of Missouri · 1870

3Cited by16 opinions

  1. Lieber v. LieberSupreme Court of Missouri · 1911
  2. Chapman v. DoughertySupreme Court of Missouri · 1885
  3. Wade v. HardySupreme Court of Missouri · 1882
  4. Kirton v. BullSupreme Court of Missouri · 1902
  5. Nugent v. CurranSupreme Court of Missouri · 1883

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