Fackler v. Fackler
Supreme Court of Missouri
APPEAL from Franklin Circuit Court. I. It is submitted that this action had been an action of ejectment instead of an action of debt, and the limitation of twenty years had been pleaded; thata replication jof residence in Virginia, nntil within twenty years of the commencement of the suit, would be defection, and no judgment could be rightfully rendered for the plaintiff on issue being io md for him.
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APPEAL from Franklin Circuit Court. I. It is submitted that this action had been an action of ejectment instead of an action of debt, and the limitation of twenty years had been pleaded; thata replication jof residence in Virginia, nntil within twenty years of the commencement of the suit, would be defection, and no judgment could be rightfully rendered for the plaintiff on issue being io md for him. The act of limitations of 1825, contain the same disabi litres botbas to actions of debt and ejectment; the first section being devoted to limitation of the common actions ot assumpsit, debt,…
1Opinion of the CourtRyland, J.
The only question in this case arises on the statute of limitations, pleaded by the defendant in the court below, and the second replication to said plea.
This point involves the construction of the words “beyond seas,” in the statute of limitations, passed in February, 1826. This very point was decided by this court in the case of Marvin adm’r of Bates vs. Bates, at Jefferson City, in July, 1850. See 13 Missouri Rep., p. 217. In this last case, the cases of Shreve vs. Whittlesey adm’r of Whittlesey, 7 Mo. Rep. 473, and Bedford vs. Bedford, 8 Mo. Reports, 223, were overruled.
We are satisfied…
2Cases cited2 opinions
- Marvin v. BatesSupreme Court of Missouri · 1850
- Shreve v. WhittleseySupreme Court of Missouri · 1842
3Cited by2 opinions
- Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
- Welp v. BogyMissouri Court of Appeals · 1925