Legal Opinion

Choteau v. Harvey

U.S. Circuit Court for the District of Western Missouri

Decided November 9, 1888Published

■At Law. Actions for the assignment of dower, instituted by Berenice F. Cho-teau against William Harvey and the Union Pacific Railway Company.

1Opinion of the CourtPhilips, J.

This is an action for the assignment of dower. The plaintiff’s husband is alleged to have died seized of the land in question in 1838, at which time plaintiff’s right of dower attached so as to have been asserted in this form of action, had she chosen to do so. The above facts appearing on the face of the petition, the defendant demurred on the ground that the action was barred by the statute of limitations. The question to be decided is, does the statute of limitations prescribed by the statute of this state apply to this action?

Section 3219, Rev. St. Mo. 1879, declares that “no action for…

2Cases cited11 opinions

  1. Sayre v. WisnerNew York Supreme Court · 1832
  2. School Directors of St. Charles v. GoergesSupreme Court of Missouri · 1872
  3. Callaway County v. NolleySupreme Court of Missouri · 1861
  4. Robinson v. WareSupreme Court of Missouri · 1888
  5. Neilson v. County of CharitonSupreme Court of Missouri · 1875

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