Lewis v. Barnes
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. — Hon. Frank Kelly, Judge. (1) It is established by the undisputed evidence that the land in controversy was occupied and used by Stephen Lewis and family as a homestead at the time of his death on April 5, 1873, and did not exceed in value the sum of $1500. (2) The deed by which he acquired the land from Wright, is dated December 6, 1871, and was deposited for record on January 6, 1872, as shown by the file marks thereon.
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Appeal from New Madrid Circuit Court. — Hon. Frank Kelly, Judge. (1) It is established by the undisputed evidence that the land in controversy was occupied and used by Stephen Lewis and family as a homestead at the time of his death on April 5, 1873, and did not exceed in value the sum of $1500. (2) The deed by which he acquired the land from Wright, is dated December 6, 1871, and was deposited for record on January 6, 1872, as shown by the file marks thereon. These file marks are corroborated by the entries in both parts of the “Abstract and Index of Deeds” which state that the deed was…
1DissentFaris, J.
(dissenting) — I find myself unable to concur with the views of our learned Commissioner in this cause.
It is elemental, I premise, that this is either an action at law, or it- is an action in equity. If it is an action in equity, the doctrine of laches operating on an abandonment, with scienter of all the facts, existing through a period of 38 years, coupled with the making of vast and valuable improvements and an increase in value of the premises in dispute from $200 to $18,000 would seem to have had the .effect of extinguishing the title of plaintiff. [Shelton v. Horrell, 232 Mo. 358.] If…
2Cases cited26 opinions
- Clark v. ThiasSupreme Court of Missouri · 1903
- Troll v. City of St. LouisSupreme Court of Missouri · 1914
- DeHatre v. EdmondsSupreme Court of Missouri · 1906
- Stanton v. ThompsonSupreme Court of Missouri · 1911
- Hatton v. City of St. LouisSupreme Court of Missouri · 1915
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