Stillwell v. Hamm
Supreme Court of Missouri
Error to Platte Circuit Court. — Hon. G-eo. W. Dunn, Judge. (1) A careful reading of the petition will show first, that there is but one cause of action — a “bill to redeem.”
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Error to Platte Circuit Court. — Hon. G-eo. W. Dunn, Judge. (1) A careful reading of the petition will show first, that there is but one cause of action — a “bill to redeem.” (2) That this cause of action is not barred by the statute of limitations; because it accrued on the first of January, 1882, and suit ivas instituted on the fifth of October, 1885. (8) That the other parties, Bonifant, etc., are only made parties because the statute requires that they shall be made parties — as they claim an interest — so that their rights, if any, may be determined. The ground on which the court…
1Opinion of the CourtBarclay, J.
This case presents for consideration a judgment rendered by the trial court upon demurrer to a petition. The questions involved will best appear from the language of the pleadings.
“amended petition.
“Dixon Stillwell, Plaintiff, j vs. I In the Circuit Court “Jacobs. Hamm, Jacob Hamm, \ of Platte County, Adam Durkes and j Missouri. “Benj. Bonifant, Defendants. J
“Plantiff states that on the twenty-sixth day of August, 1870, he was the owner, by fee-simple title, of *582the following described lands, lying and being situate in the county of Platte in the state of Missouri, viz: The west half of the…
2Cited by22 opinions
- Huling v. RollMissouri Court of Appeals · 1891
- Stall v. JonesNebraska Supreme Court · 1896
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- Jacquin v. Grand Avenue Cable Co.Missouri Court of Appeals · 1894
- Padley v. CatterlinMissouri Court of Appeals · 1896
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