International Bank of St. Louis v. Fife
Supreme Court of Missouri
.Appeal from St. Louis City Circuit Court. — IIon. ‘ Amos M. Tiiayer, Judge. , (1) The defence of the statute of limitations is waived by the answer, as inconsistent with the equitable defence and prayer for deed. Adair v. Adair, 78 Mo. 630, 635. (2) There cannot be color of title to land, except by deed or writing. Fugate r. Pierce, 49 Mo. 441 ; Crispen v. Hannovan, 50 Mo. 536; Long n.
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.Appeal from St. Louis City Circuit Court. — IIon. ‘ Amos M. Tiiayer, Judge. , (1) The defence of the statute of limitations is waived by the answer, as inconsistent with the equitable defence and prayer for deed. Adair v. Adair, 78 Mo. 630, 635. (2) There cannot be color of title to land, except by deed or writing. Fugate r. Pierce, 49 Mo. 441 ; Crispen v. Hannovan, 50 Mo. 536; Long n. Higginbotham, 56 Mo. 245. .The case of Rannels v. Rannels, 52 Mo. 108, if in conflict with this rule of law, should be.overruled. It is commented upon and criticized in Sedgwick & Wait on Trial of Titles to…
1Opinion of the CourtRay, J.
This is an action of ejectment, the petition being in the ordinary form to recover from defendants the possession of a house and lot situated in North St. Louis, Missouri. The answer sets up the statute of limitations, and also an equitable defence, in substance *121that one Hymers, who is the common source of title, was left an orphan without means ; “that he was supported by defendants without compensation; that he afterwards became prosperous, and in 1871 was indebted to defendant, Wm. G. Fife, in the sum of about sixteen hundred dollars ; that, when said claim was presented,' said Hymers…
2Cases cited1 opinion
- Adair v. AdairSupreme Court of Missouri · 1883
3Cited by2 opinions
- Ward v. CochranCourt of Appeals for the Eighth Circuit · 1895
- Wheeler v. LairdMassachusetts Supreme Judicial Court · 1888