Legal Opinion

Beard v. Hale

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 2 opinions

Appeal from Audrain Circuit Court. — Hon. Elijah . Robinson, Judge. (1) It has been said that “tenant in dower is so much favored as that it is the common by-word of the law that the law favors three things, life, liberty, and dower.” 1 Wash. Real Prop., sec. 147; Schouler Dom. Rel. 183. Limitation of actions is a statutory provision and should be closely construed.

Read the full summary

Appeal from Audrain Circuit Court. — Hon. Elijah . Robinson, Judge. (1) It has been said that “tenant in dower is so much favored as that it is the common by-word of the law that the law favors three things, life, liberty, and dower.” 1 Wash. Real Prop., sec. 147; Schouler Dom. Rel. 183. Limitation of actions is a statutory provision and should be closely construed. Unless the statute in specific terms limits the action for dower the courts will not presume such actions were intended to be barred. Ours is a general statute of limitations and is no bar to a suit for dower. Wood on Lim. of Act.…

1Opinion of the CourtSherwood, J.

Action for assignment of dower; plea, the statute of limitations. The evidence shows sale of the land by the administrator of the estate of plaintiff’s former husband in 1864, immediate possession taken by the purchaser, and that he, and those claiming under him, have been in adverse possession ever since. This action was brought in 1884. The court below ruled that the statute had run, and conseguently found in *19favor of defendant. In the case of Robinson v. Ware, 94 Mo. 678, an action of the same nature as the present one was decided the same way. That case dominates this one, and the…

2Cases cited1 opinion

  1. Robinson v. WareSupreme Court of Missouri · 1888

3Cited by2 opinions

  1. Null v. HowellSupreme Court of Missouri · 1892
  2. Farris v. ColemanSupreme Court of Missouri · 1890

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API