Legal Opinion

McKee v. Downing

Supreme Court of Missouri

Decided December 14, 1909PublishedCited by 34 opinions

Appeal from Nodaway Circuit Court. — Row. Wm. C. Ellison, Judge. (1) The administrator of the estate of Susanna Downing, deceased, was a necessary party plaintiff to the action. McMillan v. Wacker, 57 Mo. App. 220; Adey v. Adey, 58 Mo. App. 408; Butler v. Lawson, 72 Mo. 227. (2) Plaintiffs’ cause of action, if any existed, was barred by the Statute of Limitations. Sec. 4281, R. S. 1899; Rosenberger v. Mallerson, 92 Mo.

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Appeal from Nodaway Circuit Court. — Row. Wm. C. Ellison, Judge. (1) The administrator of the estate of Susanna Downing, deceased, was a necessary party plaintiff to the action. McMillan v. Wacker, 57 Mo. App. 220; Adey v. Adey, 58 Mo. App. 408; Butler v. Lawson, 72 Mo. 227. (2) Plaintiffs’ cause of action, if any existed, was barred by the Statute of Limitations. Sec. 4281, R. S. 1899; Rosenberger v. Mallerson, 92 Mo. App. 27. (3) Plaintiffs cannot, by electing to take a resulting trust in lands, growing out of the investment of personal property in said lands, evade tlie running of the…

1Opinion of the CourtBurgess, J.

This is a controversy over the ownership of a forty-acre tract of land in Nodaway county, Missouri. ■ ■

The petition states in substance that on the — -day of June, 1876, Thomas Byrn died intestate, leaving a large amount of real and personal property, and leaving as his only heirs and legal representatives his wid*119ow, Susanna, and bis children, the plaintiffs, as follows: Minerva Byrn, since intermarried with Joseph McKee; Fannie Byrn, since intermarried with J. T. Wells; Cornelia Byrn, since intermarried with Robert McKee, and Perry and Thomas Byrn. That after-wards, on the 14th day of…

2Cases cited24 opinions

  1. Butler v. LawsonSupreme Court of Missouri · 1880
  2. Blount v. SprattSupreme Court of Missouri · 1892
  3. Johnston v. JohnstonSupreme Court of Missouri · 1903
  4. Richardson v. ColeSupreme Court of Missouri · 1901
  5. Hubbard v. SlavensSupreme Court of Missouri · 1909

19 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Carroll v. United Railways Co.Missouri Court of Appeals · 1911
  2. Love v. WhiteSupreme Court of Missouri · 1941
  3. Indrisano's CaseMassachusetts Supreme Judicial Court · 1940
  4. Cunningham v. KinnerkMissouri Court of Appeals · 1934
  5. Lyons v. LyonsSupreme Court of Oklahoma · 1938

29 more not listed; retrieve them via the Exa API.

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