Legal Opinion

Johns v. Fenton

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 6 opinions

Appeal from Lawrence Circuit Court.- — Hon. M. Gr. McG-regor, Judge. (1) In this state the statute of limitations does not run against the action for admeasurement of dower in real estate, and lapse of time is no bar to a right of dower. Littleton n.

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Appeal from Lawrence Circuit Court.- — Hon. M. Gr. McG-regor, Judge. (1) In this state the statute of limitations does not run against the action for admeasurement of dower in real estate, and lapse of time is no bar to a right of dower. Littleton n. Patterson, 32 Mo. 357, 364-5-6; R. S. Mo., 1835, pp. 392-393;. R. C. Mo., 1855, p. 1045. (2) It is only where a party brings his- suit in a court of equity, and invokes equitable relief, that the courts have ever held that the staleness of the claim was a bar to the claim. The staleness óf a claim is a defence against an equity case, only. The…

1Opinion of the CourtSherwood, J.

Suit for the admeasurement of dower. Under the ruling of this court in Littleton v. Patterson, 32 Mo. 357, the statute of limitations was held not to run against a widow entitled to be endowed of lands until that her dower be assigned. Speaking on this subject, Dryden, J., in delivering the opinion of the court in that case, said: “The right limited is a present, existing right of action or of entry, and none the less so, because the one in whom the right is vested is under some disability to sue. But the wife’s right to dower is not of this sort * * she is not laboring under the disability…

2Cases cited5 opinions

  1. Long v. Joplin Mining & Smelting Co.Supreme Court of Missouri · 1878
  2. Poe v. DomecSupreme Court of Missouri · 1873
  3. Valle v. ObenhauseSupreme Court of Missouri · 1876
  4. Kelly v. HurtSupreme Court of Missouri · 1881
  5. Littleton v. PattersonSupreme Court of Missouri · 1862

3Cited by6 opinions

  1. Dyer v. WittlerSupreme Court of Missouri · 1886
  2. Falvey v. HicksSupreme Court of Missouri · 1926
  3. Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915
  4. Robinson v. WareSupreme Court of Missouri · 1888
  5. McFarland v. McFarland ex rel. WrightSupreme Court of Missouri · 1919

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