Hudson v. Cahoon
Supreme Court of Missouri
Appeal from Madison Circuit Court. — Now. Samuel I)amis, Special Judge. Plaintiff’s action, Tbe it legal or equitable, is, as to tbe Statute of Limitations, governed by tbe five-year limit, i. e., by tbe fifth subdivision of section 4273, R. S. 1899; that is tbe only statute which would entitle respondent in any event to any relief; tbe petition after alleging tbe recording of Hudson’s deed to Gaboon on August 27,1892, and Cahoon’s deed to Parks of November 24, 1892, is…
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Appeal from Madison Circuit Court. — Now. Samuel I)amis, Special Judge. Plaintiff’s action, Tbe it legal or equitable, is, as to tbe Statute of Limitations, governed by tbe five-year limit, i. e., by tbe fifth subdivision of section 4273, R. S. 1899; that is tbe only statute which would entitle respondent in any event to any relief; tbe petition after alleging tbe recording of Hudson’s deed to Gaboon on August 27,1892, and Cahoon’s deed to Parks of November 24, 1892, is barred on its face because such allegations were and are a complete discovery on and from said dates to plaintiff of every…
1Opinion of the CourtMarshall, J.
— This is an action to divest out of defendant, and vest in the plaintiff, the right and title to all the mineral, marble and granite on or under a certain tract of land in Madison county, in the State of Missouri, together with a right of ingress and egress’ from the same to mine and work said land, and to recover $584.55 profits, alleged to have been received by the defendant while acting as the agent of the plaintiff in respect to said land. There was no motion for new trial or bill of exceptions filed so far as is disclosed by the record here, and therefore the case stands for…
2Cases cited6 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Rogers v. BrownSupreme Court of Missouri · 1875
- Hunter v. HunterSupreme Court of Missouri · 1872
- Dunn v. MillerSupreme Court of Missouri · 1888
- Hughes v. LittrellSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
- Swon v. HuddlestonSupreme Court of Missouri · 1955
- Hanson v. NealSupreme Court of Missouri · 1908
- Stonemets v. HeadSupreme Court of Missouri · 1913
- Branner v. KlaberSupreme Court of Missouri · 1932
20 more not listed; retrieve them via the Exa API.