Alexander v. Estate of Wyatt

This is an appeal from an order of the circuit court dismissing plaintiff’s petition in a suit against an administrator, on the ground that upon its face it showed that the claim was barred by a special statute of limitations. (Sees. 461.440 and 464.020, Mo. R. S. 1949)

The petition was filed on August 29, 1950. The first paragraph is as follows:

‘‘ Plaintiff states that he resides in the county of Greene, state of Missouri, and that J. W. Chilton, Jr., was duly appointed on the 9th day of May, 1949, administrator of the estate of Oliver Wyatt, deceased, and he is now the acting administrator…