Legal Opinion

DeHatre v. Edmonds

Supreme Court of Missouri

Decided December 22, 1906PublishedCited by 18 opinions

Appeal from St. Louis County Circuit Court.— Hon. Jno. W. McElhinney) Judge. (1) (a) Even if Penn, after death of Tom Withington, held adversely to Sallie Withington, it could not start the running of the statute until Sallie’s death, because of her insanity. R. S. 1879; sec. 3222; State v. Macey, 67 Mo.

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Appeal from St. Louis County Circuit Court.— Hon. Jno. W. McElhinney) Judge. (1) (a) Even if Penn, after death of Tom Withington, held adversely to Sallie Withington, it could not start the running of the statute until Sallie’s death, because of her insanity. R. S. 1879; sec. 3222; State v. Macey, 67 Mo. App. 326; Landers v. Perkins, 12 Mo. 259 ; Burdette v. May, 100' Mo. 19; Quick v. Rufe, 164 Mo. 413; Dessaunier v. Murphy, 33 Mo. 184. (b) Nor did the appointment of a guardian over Sallie start the running of the statute against her estate. Keeton’s Heirs v. Keeton’s Adm., 20' Mo. 543; Smith…

1Opinion of the CourtGraves, J.

Action in ejectment by plaintiffs against defendants upon petition in ordinary form. Answer was a general denial. Cause tried before the court, jury having been waived. The court, upon request in writing, made a written finding of facts, and *256filed the same, to which no exceptions were saved by either side. Upon this finding there was judgment for defendants, and plaintiffs appeal.

The findings of facts are quite long, but no doubt as short as could be made under the facts in evidence. This finding is as follows:

“A request in writing having been made that the court shall state in writing the…

2Cases cited8 opinions

  1. Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
  2. Hall v. FrenchSupreme Court of Missouri · 1901
  3. Fairbanks v. LongSupreme Court of Missouri · 1887
  4. Dyer v. WittlerSupreme Court of Missouri · 1886
  5. Collins v. PeaseSupreme Court of Missouri · 1898

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3Cited by18 opinions

  1. Long v. Lackawanna Coal & Iron Co.Supreme Court of Missouri · 1911
  2. Rutter v. CarothersSupreme Court of Missouri · 1909
  3. Powell v. BowenSupreme Court of Missouri · 1919
  4. Falvey v. HicksSupreme Court of Missouri · 1926
  5. Belfast Investment Co. v. CurrySupreme Court of Missouri · 1915

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

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