State v. Macy
Missouri Court of Appeals
Appeal 'from the Grundy Circuit Cowrt. — Hon. P. O. Stepp, Judge. (1) The land where the posts were set has been the property of Mary Ann Macy, wife of the defendant, since January 27, 1865, and she has been the wife of defendant since October 4, 1866.' Limitation could not run against her after her marriage.
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Appeal 'from the Grundy Circuit Cowrt. — Hon. P. O. Stepp, Judge. (1) The land where the posts were set has been the property of Mary Ann Macy, wife of the defendant, since January 27, 1865, and she has been the wife of defendant since October 4, 1866.' Limitation could not run against her after her marriage. The statute under which this indictment is brought was first enacted in 1889, and can not retroact, therefore the public could not acquire a right to her land by user since the law was passed and defendant was not guilty as charged. R. S. 1865, sec. 45, chap. 52, p. 295; Laws 1877, p.…
1Opinion of the CourtEllison, J.
Defendant was convicted on a charge of obstructing a public road.. He appealed to this court and the case was remanded for another trial. 67 Mo. App. 326. Defendant was again convicted and again comes here for relief.
*430Roads and highways: adutiSf period?*' *429The state relies upon the road in question having become such by adverse user by the public. The *430adverse use began' before the first enactment of the present statute prohibiting ^e obstruction of public roads, and at a time when' the period of the statute of limitations of actions of ejectment was twenty years instead of ten, as it is now.…
2Cases cited6 opinions
- State v. HaysSupreme Court of Missouri · 1883
- State v. WellsSupreme Court of Missouri · 1879
- State v. MackinMissouri Court of Appeals · 1890
- New Albany Woolen Mills v. W. B. Meyers & Co.Missouri Court of Appeals · 1891
- Rousey v. WoodMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sanford v. KernSupreme Court of Missouri · 1909
- Gilpin v. Aetna Life InsuranceMissouri Court of Appeals · 1939
- State Ex Rel. Carter County v. LewisMissouri Court of Appeals · 1956
- State ex rel. Gavin v. MuenchSupreme Court of Missouri · 1910
- LIBERTY TOWNSHIP OF STUDDARD COUNTY v. TelfordSupreme Court of Missouri · 1962
2 more not listed; retrieve them via the Exa API.