Meyer ex rel. Steinemeyer v. Mehrhoff
Missouri Court of Appeals
Appeal from tie St. Louis Circuit Court, W. II. Hornee, Judge. Tie plaintiff is-clearly estopped from enforcing tiis judgment. He sold tie stable in question to defendant, with, tie implied warranty tiat ie iad a rigit to sell it, and, upon tie faiti of such warranty, was paid for tie same. Permitting iim now to recover, would give iim a second satisfaction for tie same property, by way of conversion, and would clearly work a fraud upon tie defendant. Bigelow, Estop.
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Appeal from tie St. Louis Circuit Court, W. II. Hornee, Judge. Tie plaintiff is-clearly estopped from enforcing tiis judgment. He sold tie stable in question to defendant, with, tie implied warranty tiat ie iad a rigit to sell it, and, upon tie faiti of such warranty, was paid for tie same. Permitting iim now to recover, would give iim a second satisfaction for tie same property, by way of conversion, and would clearly work a fraud upon tie defendant. Bigelow, Estop. (3 Ed.) 381; Sherman v. Champí. Trans/. Co., 31 Vt. 162, 175 ; Benj. Sales, § 780 ; Chouteau v. Goddin, 39 Mo. 229 ; Heirs v.…
1Opinion of the CourtRombauer, J.
This being a suit instituted before a justice of the peace on the twenty-eighth day of February, 1885, upon a judgment of the circuit court of St. Louis county, rendered April 22, 1872, the defendant, appellant, upon the trial de now in the circuit court, interposed the objection of the statute of limitations of ten years. The objection was overruled, and this ruling is the first error assigned.
The ruling of the trial court on that subject was proper. Suits upon judgments of courts of record are not barred by the statute before the expiration of twenty years after their rendition. Rev. Stat.,…
2Cases cited3 opinions
- Beedle v. MeadSupreme Court of Missouri · 1883
- McKnight v. Spain ex rel. FieldSupreme Court of Missouri · 1850
- Bobb v. GrahamSupreme Court of Missouri · 1835
3Cited by3 opinions
- Cranor v. School District No. 2 of Township No. 62 of Range No. 82Supreme Court of Missouri · 1899
- Cranor v. School DistrictMissouri Court of Appeals · 1897
- Bick v. RobbinsMissouri Court of Appeals · 1908