Hoester v. Sammelmann
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. W. W. ' Edwards, Judge. (1) This is purely an equitable proceeding ; every feature and statement in the bill appeals to the conscience of the chancellor. In such a case it is always a question of laches, and not a question of limitations. Kline v. Yogle, 90 Mo. 240. The delay that will defeat a recovery in equity depends upon the peculiar circumstances of each case; and is not defined by any statute of limitations.
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Appeal from St. Charles Circuit Court. — Hon. W. W. ' Edwards, Judge. (1) This is purely an equitable proceeding ; every feature and statement in the bill appeals to the conscience of the chancellor. In such a case it is always a question of laches, and not a question of limitations. Kline v. Yogle, 90 Mo. 240. The delay that will defeat a recovery in equity depends upon the peculiar circumstances of each case; and is not defined by any statute of limitations. Smith v. Washington, 11 Mo. App. 525 ; Kelly v. Hurt, 74 Mo. 567; Wood on Limitations, sec. 59, p. 116; 1 Story Equity, sec. 64a. (2)…
1Opinion of the CourtSherwood, J.
This proceeding was instituted in February, 1887. Prior proceedings in ejectment and equity had been instituted in 1884 and 1885, but after-wards dismissed.
The following will suffice as a summary of the petition herein : In, his petition plaintiff asks the court to insert in a deed of trust executed by Bernard Sammelmann to Albert Deemar in favor of one Peter Hoffman, December 25, 1866, “another tract of land,” belonging to said Bernard Sammelmann and inherited from his father, William Sammelmann, subject to a life-estate of his mother ; and it is stated that the life-tenant lived on the…
2Cases cited1 opinion
- Richardson v. HarrisonSupreme Court of Missouri · 1865
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- Coleman v. Crescent Insulated Wire & Cable Co.Supreme Court of Missouri · 1943
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