Toler v. Edwards
Supreme Court of Missouri
•Appeal from Butler Circuit Court. — Hon. Jesse C. Sheppard, Judge. Plaintiffs plead that they are “owners in fee” of the 160 acres of land in controversy; and but for the answer this would be an action at law. But the answer pleads an equitable defense, to-wit, laches and estoppel, and therefore converts this action into a suit in equity. Actions under section 650 are either legal or equitable, depending upon the issues raised by the pleadings.
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•Appeal from Butler Circuit Court. — Hon. Jesse C. Sheppard, Judge. Plaintiffs plead that they are “owners in fee” of the 160 acres of land in controversy; and but for the answer this would be an action at law. But the answer pleads an equitable defense, to-wit, laches and estoppel, and therefore converts this action into a suit in equity. Actions under section 650 are either legal or equitable, depending upon the issues raised by the pleadings. Minor v. Burton, 228 Mo. 563; Nelson v. Jones, 245 Mo. 579; Hayes v. Shaw, 229 Mo. 124; Lee v. Conran, 213 Mo. 404. In cases of equity the Supreme…
1Opinion of the Court
OPINION.
BOND, J..
Quieting Title: Equitable Defense. (after stating the facts as above):—I. Preliminary to a review of this case, we will dispose of the contention of the learned counsel for appellant, that this action, though strictly one at law in its inception, was transformed into a suit in equity by the inclusion in the
answer of the defense of laches and estop-pel.
As has been seen, four defenses were interposed in the answer. The record shows that each one of them, including the one resting on laches and estop-pel, concluded in the following terms: and defendant “again prays the court to…
Also in this document: Concurrence.
2Cases cited12 opinions
- Nelson v. JonesSupreme Court of Missouri · 1912
- Graton v. Holliday-Klotz Land & Lumber Co.Supreme Court of Missouri · 1905
- Huff v. Laclede Land & Improvement Co.Supreme Court of Missouri · 1900
- Gage v. CantwellSupreme Court of Missouri · 1905
- Shelton v. HorrellSupreme Court of Missouri · 1911
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Riley v. O'KellySupreme Court of Missouri · 1913
- Williamson v. FrazeeSupreme Court of Missouri · 1922
- Clark Real Estate Co. v. Old Trails Investment Co.Supreme Court of Missouri · 1934
- Travelers Insurance v. BeaglesSupreme Court of Missouri · 1933
- Ginaca v. PetersonCourt of Appeals for the Ninth Circuit · 1920
3 more not listed; retrieve them via the Exa API.