Case v. Sipes
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The general rule is that whenever the right of action in a trustee who is vested with the legal title and is competent to sue is barred by limitations, the right of the cestui que trust is also barred, and this rule applies whether the cestui que trust be sui juris, or under disability during the period of limitations, or whether entitled to possession, or in remainder, it being held to be immaterial…
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The general rule is that whenever the right of action in a trustee who is vested with the legal title and is competent to sue is barred by limitations, the right of the cestui que trust is also barred, and this rule applies whether the cestui que trust be sui juris, or under disability during the period of limitations, or whether entitled to possession, or in remainder, it being held to be immaterial whether the remainder be vested or contingent. 25 Cyc. 1010; Walton v. Ketchem, 147 Mo. 2.09; Chase v, Cartright, 53 Ark.…
1Opinion of the Court
This is an action of ejectment, brought by plaintiffs in the Circuit Court of Andrew County, Missouri, on September 26, 1914, to recover possession of the northeast quarter of the southwest quarter of Section 24, Township 60, Range 35, located in said county. Defendant Harry A. Sipes was the tenant in possession under the other defendants, and disclaimed any interest in the land. Mrs. Candice Leach, prior to her marriage with Thomas Leach, was the widow of Frederick Yenni, and aside from Snipes, the other defendants are her children.
The answer of defendants, with part of the same stricken out…
2Cases cited25 opinions
- Elsea v. SmithSupreme Court of Missouri · 1918
- Utter v. SidmanSupreme Court of Missouri · 1902
- Donnell v. WrightSupreme Court of Missouri · 1899
- Armor v. FreySupreme Court of Missouri · 1913
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
20 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Abeles v. WurdackSupreme Court of Missouri · 1955
- Hecker v. BleishSupreme Court of Missouri · 1928
- Missouri District Telegraph Co. v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- Mann v. Bank of GreenfieldSupreme Court of Missouri · 1929
- Audsley v. HaleSupreme Court of Missouri · 1924
24 more not listed; retrieve them via the Exa API.