McNair v. Lott
Supreme Court of Missouri
Appeal from St. Louis Land Cowrt. Demurrer to a petition. Plaintiffs state in their petition substantially that in the year 1819, the late Ool.
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Appeal from St. Louis Land Cowrt. Demurrer to a petition. Plaintiffs state in their petition substantially that in the year 1819, the late Ool. Charles Dehault Delassus was the owner and proprietor of, and as such had possession of, a certain tract of twenty arpens, known as survey No. 332, in the name of Joseph Brazeau; that af-terwards said Charles became indebted to Baptiste Douchou-quette and Marie Thereso Brazeau, in the sum of $4000, for money loaned him, for which he agreed to pay each at the rate of ten per centum per annum until paid; and to secure the payment of one-half of said sum…
1Opinion of the CourtScott, Judge
In cases where the statute of limitations would be a bar to an action at law, if the remedy is pursued in chancery, equity following the law requires the same length of time, as a de-fence by way of limitation, that is required in the action at law. As between mortgagor and mortgagee, when time alone is relied on as a bar, twenty years is the shortest period prescribed by law as a limitation to an ejectment; so the same period is adopted in equity as a defence to a bill to redeem. When other defences are set up, time may be a circumstance in support of them ; but as a bar of itself, it must…
2Cited by7 opinions
- Spurlock v. SprouleSupreme Court of Missouri · 1880
- Coudrey v. GilliamSupreme Court of Missouri · 1875
- St. Louis Gas-Light Co. v. City of St. LouisMissouri Court of Appeals · 1881
- Boyce v. ChristySupreme Court of Missouri · 1870
- Martin v. SmithU.S. Circuit Court for the District of Missouri · 1870
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