Carr v. Dings
Supreme Court of Missouri
Appeal from, Jefferson Circuit Court. I. Tlie statute of limitations did not begin to run against the children of George Washington Kerr, until Mrs. Susan Kerr’s death, which took place in 1865, and hence, the plaintiffs claim was not barred. The plaintiff’s cause of action did not arise till Mrs. Kerr died. (Park vs. Cheek, 4 Cold., 20; Smith vs. Thompson, 2 Swan, 381; Ang. on Lim., §§470-475.) II.
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Appeal from, Jefferson Circuit Court. I. Tlie statute of limitations did not begin to run against the children of George Washington Kerr, until Mrs. Susan Kerr’s death, which took place in 1865, and hence, the plaintiffs claim was not barred. The plaintiff’s cause of action did not arise till Mrs. Kerr died. (Park vs. Cheek, 4 Cold., 20; Smith vs. Thompson, 2 Swan, 381; Ang. on Lim., §§470-475.) II. The law raises a presumption after the lapse of twenty years, that the debts have been paid, and if they have not been paid and can still be indorsed the defendant was bound to show it. I. The…
1Opinion of the Court
*Voríes, Judge,
delivered the opinion of the court.
This was an action of ejectment brought to recover a tract of land in Jefferson County.
The defendant by his answer denies the plaintiff’s title to the land or his right to the possession thereof. And for further answer avers that he and those under whom he claims said land, have been in the open and notorious possession of the same and every part thereof, claiming the same as their own absolute property under claim of title thereto, denying the title of all other persons, for more than ten years next before the action was commenced ; and that…
2Cases cited4 opinions
- Roberts v. MoseleySupreme Court of Missouri · 1873
- Mitchell v. MitchellMississippi Supreme Court · 1858
- Smith's Ex'r v. BentonSupreme Court of Missouri · 1852
- Clemens v. WilkinsonSupreme Court of Missouri · 1846
3Cited by5 opinions
- Gibson v. GibsonSupreme Court of Missouri · 1912
- Carr v. DingsSupreme Court of Missouri · 1874
- Williams v. MitchellSupreme Court of Missouri · 1892
- Harris v. RossSupreme Court of Missouri · 1885
- Troll v. City of St. LouisSupreme Court of Missouri · 1914