Robinson v. Ware
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The court erred in refusing the two instructions asked by the appellant, and in rendering judgment for the defendant; for, upon the special findings as shown by the judgment of the court, the appellant is entitled to a judgment for the admeasurement of dower in the lands described in the petition, unless she is barred by the statute of limitations.
Read the full summary
Appeal from Audrain Circuit Court. — Hon. Elijah Robinson, Judge. (1) The court erred in refusing the two instructions asked by the appellant, and in rendering judgment for the defendant; for, upon the special findings as shown by the judgment of the court, the appellant is entitled to a judgment for the admeasurement of dower in the lands described in the petition, unless she is barred by the statute of limitations. Bower is not within the statute of limitations unless made so expressly. “ Except where specially so provided a widow’s right to dower is not barred by the statute of limitations…
1Opinion of the CourtBlack, J.
This was an action for the assignment of dower, commenced in June, 1884. The plaintiff failed in the court below on the ground that her action was barred by the statute of limitations. The facts are these: Benjamin Robinson, plaintiff’s husband, died in April, 1867, seized in fee of the described premises. The administrator sold the land'in 1869 for the payment of the debts of the deceased, under an order of the probate court, and the defendant became the purchaser. He had had adverse possession for more than ten years before the commencement of this suit.
*683It becomes of some importance to…
2Cases cited6 opinions
- Hunter v. HunterSupreme Court of Missouri · 1872
- Holmes v. KringSupreme Court of Missouri · 1887
- Livingston v. CochranSupreme Court of Arkansas · 1878
- Johns v. FentonSupreme Court of Missouri · 1885
- Littleton v. PattersonSupreme Court of Missouri · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Falvey v. HicksSupreme Court of Missouri · 1926
- Kennedy v. DuncanSupreme Court of Missouri · 1909
- Null v. HowellSupreme Court of Missouri · 1892
- Farris v. ColemanSupreme Court of Missouri · 1890
- Sperry v. SwigerWest Virginia Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.