Engle v. Worth County
Supreme Court of Missouri
Appeal from Worth Circuit Court. — Hon. John M. Dawson, -Judge. • (1) The school fund mortgage as to the interest of appellants in the lands sought to he partitioned was barred by the Statute of Limitations long prior to the institution of this suit. Regan v. Williams, 88 Mo. App. 577; Maddox v. Duncan, 143 Mo. 621; Corbyn v. Brokmeyer, 84 Mo. App. 649; Clute v. Clute, 197 N. Y. 439, Frase v. Lee 152 Mo.
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Appeal from Worth Circuit Court. — Hon. John M. Dawson, -Judge. • (1) The school fund mortgage as to the interest of appellants in the lands sought to he partitioned was barred by the Statute of Limitations long prior to the institution of this suit. Regan v. Williams, 88 Mo. App. 577; Maddox v. Duncan, 143 Mo. 621; Corbyn v. Brokmeyer, 84 Mo. App. 649; Clute v. Clute, 197 N. Y. 439, Frase v. Lee 152 Mo. App. 566; McCollum v. Boughton, 132 Mo. 625. (2) The appellants herein are liable only to have the property covered by the school fund mortgage sold after defendant, Worth County, had…
1Opinion of the CourtGeaves, J.
Appellants in their brief have fairly outlined the facts of the case. In- fact there is no contest as to the facts, the case having been submitted upon an agreed statement of facts. We quote a part of their statement thus:
“This is an action in partition among the heirs at law of one Thomas Walton, deceased, including his widow, Mary C. Walton, his sons Charles T. and Elihu J. Walton, his daughters, Amanda Eighmy .and Oda M. Eighmy, his granddaughters, Maud Engle and Zella Trillion, and his great grandchildren, Arlyn Kirkpatrick and Helen Kirkpatrick. Both the grandchildren and great…
2Cases cited3 opinions
- McCollum v. BoughtonSupreme Court of Missouri · 1896
- Martin v. TeasdaleSupreme Court of Missouri · 1908
- Clinton County ex rel. Township 54, Range 30 v. SmithSupreme Court of Missouri · 1911
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- State ex rel. Robb v. PoelkerSupreme Court of Missouri · 1974