Fender v. Haseltine
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Ho». W. W. Graves, Judge. (1) Tire Missouri statute of limitations (fifth clause of section 4273, Revised Statutes of 1899), is a bar to the cause of action set out in the petition as the petition alleges, the fraud was committed in 1889 and suit was not brought until 1901. R. S. 1899, sec. 4273; Ruff v. Millner, 92 Mo.
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Appeal from Polk Circuit Court. — Ho». W. W. Graves, Judge. (1) Tire Missouri statute of limitations (fifth clause of section 4273, Revised Statutes of 1899), is a bar to the cause of action set out in the petition as the petition alleges, the fraud was committed in 1889 and suit was not brought until 1901. R. S. 1899, sec. 4273; Ruff v. Millner, 92 Mo. App. 620. (2) Our statute of limitations applies to proceedings in equity as well as at law and the statute began to run to make the ten years when the act complained of was done, to-wit, 1889. There was no continuing fraud charged or proven.…
1Opinion of the CourtEllison, J.
Plaintiff owned a farm in Polk county and defendants owned a house and lot in Springfield, Missouri. Each property was encumbered by a mortgage of $400. The note and mortgage which plaintiff owed on his farm was dated April 1, 1887, and was due in five years from date. In the year 1899 the parties agreed to an exchange, each to assume payment of the mortgage on the other’s property. Defendants wrote the deeds, and in the deed from them to plaintiff, they wrote that plaintiff assumed payment of the mortgage on the house and lot. But in the deed from plaintiff to them they omitted to 'write…
2Cases cited8 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Nelson v. BrownSupreme Court of Missouri · 1897
- Wayman v. JonesMissouri Court of Appeals · 1894
- Burnham v. DorrSupreme Judicial Court of Maine · 1881
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3Cited by5 opinions
- Carter v. BurnsSupreme Court of Missouri · 1933
- Chrisman v. SchollMissouri Court of Appeals · 1914
- Grisham v. National Life InsuranceMissouri Court of Appeals · 1908
- McCaslin v. Pittsburg Foundry & MacHine Co.Court of Appeals of Texas · 1921
- Priddy v. Miners' & Merchants' BankMissouri Court of Appeals · 1908