Schaefer v. Causey
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. Inconsistent defences cannot be set up. —Nelson v.Brodhack, 44 Mo. 601; Adams v. Trigg, 37 Mo. 143. The defendants are without equity in this action, because the plaintiffs were infants at time of purchase of the land, and were not parties to the transaction. — Roberts v. Oasey, 25 Mo. 584; Strouse v. Brennan, 41 Mo. 289 ; Bryan v. Hitchcock, 43 Mo. 531. The defendants’ claim is stale, is barred by the Statute of Limitations', and…
Read the full summary
Appeal from the St. Louis Circuit Court. Inconsistent defences cannot be set up. —Nelson v.Brodhack, 44 Mo. 601; Adams v. Trigg, 37 Mo. 143. The defendants are without equity in this action, because the plaintiffs were infants at time of purchase of the land, and were not parties to the transaction. — Roberts v. Oasey, 25 Mo. 584; Strouse v. Brennan, 41 Mo. 289 ; Bryan v. Hitchcock, 43 Mo. 531. The defendants’ claim is stale, is barred by the Statute of Limitations', and equity will not relieve. — Rogers v. Brown, 61 Mo. 187 ; Stevenson v. Saline, 65 Mo. 425 ; Sommer v. Railroad Oo., 4 Mo.…
1Opinion of the CourtBake well, J.
This is ejectment to recover a tract of several acres in extent, west of Forest Park, St. Louis. The defendants pleaded the Statute of Limitations, and also a special equitable defence. There was evidence tending to prove the facts set up in the answer as a special defence.
It appears that the defendants are the legal representatives of Trusten Polk, deceased. In 1849, one Koester, then a widower, died, leaving four children, —Marie, since *144married to plaintiff Worch ; Emilie, Adolph, and Nathalie, since married to plaintiff Schaefer, —aged then, respectively, ten, seven, five, and three years.…
2Cases cited7 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- Shroyer v. NickellSupreme Court of Missouri · 1874
- Evans v. SnyderSupreme Court of Missouri · 1877
- Jones v. ManlySupreme Court of Missouri · 1875
- Valle v. FlemingSupreme Court of Missouri · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Packwood v. BriggsWashington Supreme Court · 1901
- Finley v. WilliamsSupreme Court of Missouri · 1930
- Field v. Natl. City Bank of St. LouisSupreme Court of Missouri · 1938
- Gibson v. Western & Southern Life InsuranceCourt of Appeals of Kentucky · 1914
- Carter v. PhillipsMissouri Court of Appeals · 1892
4 more not listed; retrieve them via the Exa API.