Legal Opinion

Graham v. Stafford

Missouri Court of Appeals

Decided February 18, 1903PublishedCited by 7 opinions

Appeal from Daviess Circuit Court. — Now. Gallatin. Craig, Special Judge. Eebecca Graham, widow of Wm. M. .Graham, appellants’ ancestor, by joining in the deed of date February 4, 1848, and returning to Virginia, abandoned and destroyed her right of quarantine, and plaintiffs are barred from a recovery by the lapse of time.

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Appeal from Daviess Circuit Court. — Now. Gallatin. Craig, Special Judge. Eebecca Graham, widow of Wm. M. .Graham, appellants’ ancestor, by joining in the deed of date February 4, 1848, and returning to Virginia, abandoned and destroyed her right of quarantine, and plaintiffs are barred from a recovery by the lapse of time. Quick v. Eufe, 1.64 Mo. 408. (1) No defense of abandonment of quarantine by-widow is pleaded, and this question was not legitimately before the trial court for determination. - (2) There were no declarations of law asked, given or refused, and the finding of the lower…

1Opinion of the CourtEobinson, J.

Suit in ejectment for eleven and two-third acres of land, described by metes and bounds in the north part of the northeast quarter of the southeast quarter of section 24, township 67, of range 29, in Daviess county, against defendants in possession. The petition is in the usual form alleging ouster as of August 29, 1898. The answer is a general denial. There was judgment for plaintiffs, and the case is brought here on defendants’ appeal.

The plaintiffs, a son and grandchildren of William M. Graham, deceased, claim the whole of said southeast quarter aforesaid, and began their suits in…

2Cases cited9 opinions

  1. Kane v. McCownSupreme Court of Missouri · 1874
  2. Jones v. ManlySupreme Court of Missouri · 1875
  3. Brown v. MooreSupreme Court of Missouri · 1881
  4. Fischer v. SiekmannSupreme Court of Missouri · 1894
  5. Carey v. WestSupreme Court of Missouri · 1897

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3Cited by7 opinions

  1. Rains v. MoulderSupreme Court of Missouri · 1936
  2. Keeney v. McVoySupreme Court of Missouri · 1907
  3. Falvey v. HicksSupreme Court of Missouri · 1926
  4. McDowell v. BeckhamWashington Supreme Court · 1913
  5. Possien v. HigginsSupreme Court of Missouri · 1967

2 more not listed; retrieve them via the Exa API.

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