Bumgardner v. Wealand
Supreme Court of Missouri
Appeal from Vernon Circuit Court. — Now. N. G. Timmonds, Judge. The note was barred by the Statute of Limitations on the 10th day of January, 1902. The trial court so found. The deed of trust under the act of 18 February, 1891 (R. S. 1899, sec. 4277), was barred at the same time, or within two years from February 18, 1891. Little y. Reid, 75 Mo. App. 266; Stanton y. Gibbins, 103 Mo.
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Appeal from Vernon Circuit Court. — Now. N. G. Timmonds, Judge. The note was barred by the Statute of Limitations on the 10th day of January, 1902. The trial court so found. The deed of trust under the act of 18 February, 1891 (R. S. 1899, sec. 4277), was barred at the same time, or within two years from February 18, 1891. Little y. Reid, 75 Mo. App. 266; Stanton y. Gibbins, 103 Mo. App. 264. Sections 4276 and 4277, Revised Statutes 1899, have no application to a deed of trust created before the passage of the act, and in which the note was not barred at the time of the passage of said act.…
1Opinion of the CourtGantt, J.
This is a statutory proceeding under section 650, Revised Statutes 1899', to determine the title respectively as between plaintiff and defendant to the northeast quarter of the northwest quarter of section 13, township 34, range 30, in Vernon county, of this State.
The facts are undisputed. On January 10, 1887, J. R. Shelton was the owner of said land and on that day borrowed from the defendant, Wealand, three hundred dollars, and gave him his note for three hundred dollars, due five years after that date, to-wit, January 10, 1892, with- five interest coupons for thirty dollars each, all due…
2Cases cited3 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Stanton v. GibbinsMissouri Court of Appeals · 1903
3Cited by4 opinions
- M'cCauley v. BradyMissouri Court of Appeals · 1907
- Martin v. TeasdaleSupreme Court of Missouri · 1908
- Hower v. ErwinSupreme Court of Missouri · 1909
- Hubbard v. DahlkeSupreme Court of Missouri · 1919