McFarland v. McFarland ex rel. Wright
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. Charles H. Mayer, Judge. (1) The Statute of Limitations will not begin to run against the widow, and ,-in. favor of the heirs, until such time as they assume and assert an adverse and hostile possession against her. In other ‘ words, so long as the widow • and children, in unison and in harmony, occupy the premises, the law through public policy will not bar the rights of either.
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Appeal from Nodaway Circuit Court. — Hon. Charles H. Mayer, Judge. (1) The Statute of Limitations will not begin to run against the widow, and ,-in. favor of the heirs, until such time as they assume and assert an adverse and hostile possession against her. In other ‘ words, so long as the widow • and children, in unison and in harmony, occupy the premises, the law through public policy will not bar the rights of either. It favors and encourages such relations, and does not compel their destruction, by driving the parties into the' courts through fear of the Statute of Limitations. Chrisman…
1Opinion of the Court
BROWN, C.
Plaintiff, Lou McFarland, the widow of Seth McFarland, deceased, instituted this action in the Circuit Court of Nodaway County on February 9, 1916, against the respondents, children by a former wife and heirs at law of Seth McFarland, who died seized of an estate of inheritance in the lands in controversy May 15, 1904. The land embraced about two hundred acres in Nodaway County. The petition, after stating these facts, proceeds as follows,:
“Plaintiff further states that by reason of said marriage, and by .reason of the facts herein recited, upon the death of the said Seth McFarland,…
2Cases cited5 opinions
- State v. TaylorSupreme Court of Missouri · 1907
- Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915
- Missouri Pacific Railway Co. v. B. F. Coombs & Brother Commission Co.Missouri Court of Appeals · 1897
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
- Johns v. FentonSupreme Court of Missouri · 1885
3Cited by14 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Ambruster v. AmbrusterSupreme Court of Missouri · 1930
- Branner v. KlaberSupreme Court of Missouri · 1932
- Emery v. Brown Shoe CompanySupreme Court of Missouri · 1956
- Moore v. HoffmanSupreme Court of Missouri · 1931
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