Hubbard v. Dahlke
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. J. G. Slate, Judge. (1) Plaintiff should not be beard to interpose tbe Statute of- Limitations as a bar to tbe relief prayed for by defendant in ber answer and cross .petition. If Seiffert bad been in possession at any time be was in no position to dispute tbe title of appellant, because he bought and took title subject to the encumbrance held by her. His claim of title was not hostile to that of appellant and never became hostile.
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Appeal from Morgan Circuit Court. — Hon. J. G. Slate, Judge. (1) Plaintiff should not be beard to interpose tbe Statute of- Limitations as a bar to tbe relief prayed for by defendant in ber answer and cross .petition. If Seiffert bad been in possession at any time be was in no position to dispute tbe title of appellant, because he bought and took title subject to the encumbrance held by her. His claim of title was not hostile to that of appellant and never became hostile. Respondent stepped into Seiffert’s shoes, and cannot make any greater or more effective claim of title than Seiffert could…
1Opinion of the CourtGraves, J.
Action to try title. Petition in the conventional form, including, however, the allegation that the land involved is in the possession of no person, and the further allegation that plaintiff is unable to describe the interest of defendant, because such interest is not known to plaintiff.
The answer plead (1) general denial; (2) by way of answer and cross-bill she avers that she held a mortgage deed given by A. F. & L. E. Kull on the land in 'dispute; that she employed reputable counsel to foreclose this mortgage by suit; that such counsel brought the suit against the two Kulls; that her said…
2Cases cited4 opinions
- Lee v. ConranSupreme Court of Missouri · 1908
- Martin v. TeasdaleSupreme Court of Missouri · 1908
- Bumgardner v. WealandSupreme Court of Missouri · 1906
- Hower v. ErwinSupreme Court of Missouri · 1909
3Cited by3 opinions
- Durwood v. DubinskySupreme Court of Missouri · 1962
- Alewel v. JohnsonMissouri Court of Appeals · 1923
- Oehler v. PhilpottSupreme Court of Missouri · 1953