Tice v. Fleming
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. .(1) The action is not barred by the statute of limitation, (a) Because twenty years bad not elapsed since it accrued. R. S. 1889, sec. 6796; Meyer to use v. Mohrhoff, 19 Mo. App. 684. (b) Even if tbe Act of 1895 bas application to prior judgments, tbe limitation runs only from tbe dates tbev went into effect.
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Transferred from St. Louis Court of Appeals. .(1) The action is not barred by the statute of limitation, (a) Because twenty years bad not elapsed since it accrued. R. S. 1889, sec. 6796; Meyer to use v. Mohrhoff, 19 Mo. App. 684. (b) Even if tbe Act of 1895 bas application to prior judgments, tbe limitation runs only from tbe dates tbev went into effect. Seibert v. Copp, 62 Mo. 185’; Callaway Co. v. Nolley, 31 Mo. 398; Weber v. Manning, 4 Mo. 231. (c) Excluding the six months during which tbe temporary injunction was in force, ten years bad not elapsed since tbe cause accrued. R. S. 1889,…
1Opinion of the CourtFox, J.
On October 7,1899, plaintiff filed, in sub,.stance, the following petition:
“Plaintiff states that on tbe 22nd day of May, A. D. 1889, in tbe circuit court of Missouri, within and for ‘Texas county, and at tbe May, 1889, term thereof, said *51court being one of general jurisdiction in a certain ejectment suit then therein pending, where this plaintiff was-plaintiff and this defendant was defendant, this plaintiff recovered judgment, which was duly given by said court, against this defendant for the possession of the southeast quarter of section twenty-five, township twenty-eight, range nine west,…
2Cases cited7 opinions
- Stump v. HornbackSupreme Court of Missouri · 1891
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Callaway County v. NolleySupreme Court of Missouri · 1861
- Fenwick v. GillSupreme Court of Missouri · 1866
- Henderson v. LangleySupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
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- Telanus v. SimpsonSupreme Court of Missouri · 1928
- Bunch v. United States ex rel. TownsendCourt of Appeals for the Eighth Circuit · 1918
- Winkleman v. Des Moines & Mississippi Levee District No. 1Missouri Court of Appeals · 1913
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