Epperson v. Epperson
Supreme Court of Missouri
Appeal from McDonald Circuit Court — Hon. J. C. Lamson, Judge. (1) Courts of equity are bound by tbe statute of limitations, unless tbe party asking relief is guilty of laches, when he is, regardless of statute, deprived of equity relief. White v. Pendry, 25 Mo.
Read the full summary
Appeal from McDonald Circuit Court — Hon. J. C. Lamson, Judge. (1) Courts of equity are bound by tbe statute of limitations, unless tbe party asking relief is guilty of laches, when he is, regardless of statute, deprived of equity relief. White v. Pendry, 25 Mo. App. 547. (2) The statute of limitations in this State was undoubtedly intended to apply to proceedings for the enforcement of equitable legal rights, and every court exercising equity powers, acts upon it, not merely by analogy, but in obedience to it as positive law. And suits to assert equitable ownership of realty must be brought…
1Opinion of the CourtBrace, P. J.
This is an action in ejectment by the plaintiff, a son and one of the heirs at law of Aphrey Epperson, deceased, who sues to recover an undivided fifth of the following real estate, situate in McDonald county, to-wit, the *581northeast quarter of the southwest quarter of section 13, township 22, range 33.
The defendants claim title under a deed in which it is alleged there was a mistake in the description of this forty-acre tract which they ask to have corrected. The' finding and decree was for the defendants, and the plaintiff appeals.
On the first day of January, 1870, the said Aphrey Epperson,…
2Cases cited2 opinions
- Michel v. TinsleySupreme Court of Missouri · 1879
- Cooper v. DealSupreme Court of Missouri · 1893
3Cited by6 opinions
- Stark v. ZehnderSupreme Court of Missouri · 1907
- Hubbard v. SlavensSupreme Court of Missouri · 1909
- Elton v. DavisMissouri Court of Appeals · 2003
- Howard v. YoungCourt of Appeals of Texas · 1948
- Sicher v. RambousekSupreme Court of Missouri · 1906
1 more not listed; retrieve them via the Exa API.