Osborn v. Weldon
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) Mary Osborn and her grantees were estopped by proceeding to set off dower and for rent and by her general warranty deed to Benedict Weldon from claiming that she was in possession and conveyed her quarantine only. Thistle v. Thistle, 50 Mo. 299; 2 Smith’s Lead.
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Appeal from Daviess Circuit Court. — Hon. E. J. Beoaddus, Judge. (1) Mary Osborn and her grantees were estopped by proceeding to set off dower and for rent and by her general warranty deed to Benedict Weldon from claiming that she was in possession and conveyed her quarantine only. Thistle v. Thistle, 50 Mo. 299; 2 Smith’s Lead. Cas. in Eq., pp. 756 and 717; 2 Scribner on Dower, sec. 22. (2) The legal assertion of right acquired by decree of court of competent jurisdiction, made by due course of law, will estop or bar the party making it, from all subsequent proceedings to invalidate the…
1Opinion of the CourtBurgess, J.
This is an action of ejectment for the possession of a tract of land in Daviess county, Missouri. Both parties claim title under Joseph Osborn, deceased, the plaintiffs as his only heirs at law, and the *189defendants by mesne conveyances. Defendants also rely upon the statute of limitations.
The case was tried to the court, a jury being waived.
The issues were found for plaintiffs as against defendant James H. Weldon, and for the other defendants, and judgment rendered accordingly.
Defendant James H. Weldon appealed.
Joseph Osborn died in June, 1850, the owner in fee of the land involved in this…
2Cases cited7 opinions
- Fischer v. SiekmannSupreme Court of Missouri · 1894
- Williams v. MitchellSupreme Court of Missouri · 1892
- Carey v. WestSupreme Court of Missouri · 1897
- Melton v. FitchSupreme Court of Missouri · 1894
- Moore v. HarrisSupreme Court of Missouri · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Givens v. OttSupreme Court of Missouri · 1909
- Intermountain Building & Loan Ass'n v. GallegosCourt of Appeals for the Ninth Circuit · 1935
- Graham v. StaffordMissouri Court of Appeals · 1903