Smith v. Smith
Supreme Court of Missouri
Appeal from Mississippi Circuit Court. — Hon. Henry G. Riley, Judge. (1) Plaintiff’s petition does not state a cause of action: First, for the reason that it states no equity, the allegations of the mistake, accident and oversight being too indefinite.
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Appeal from Mississippi Circuit Court. — Hon. Henry G. Riley, Judge. (1) Plaintiff’s petition does not state a cause of action: First, for the reason that it states no equity, the allegations of the mistake, accident and oversight being too indefinite. Bliss, Code Pleading (2 Ed.), sees. 211, 212. Second, for the reason that plaintiff’s right of action, if any ever existed, has long since been barred by the Statute of Limitations; the petition as well as the evidence shows that the deed was made and delivered in 1866, nearly thirty-eight years before this suit was filed. Burdett v. May, 100…
1Opinion of the CourtBurgess, J.
-In 1857 Charles Moore died intestate, owning the land involved in this litigation • and other land and personal property. He left surviving him seven children, namely, Eliza J. Goddard, Elizabeth A. Smith, this plaintiff, Nancy Parrot and Susan A. Swank, daughters, and Charles C. Moore, Joseph H. Moore and Benjamin J. Moore, sons, his only heirs-at-law. In 1864 Benj. J. Moore died, and Joseph C. Moore was duly appointed his administrator, and qualified as such.
Prior to the 6th day of April, 1866, the plaintiff, Elizabeth A. Smith, was united in marriage to James Smith, and remained his wife…
2Cases cited22 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Ringo v. RichardsonSupreme Court of Missouri · 1873
- Ring v. JamisonSupreme Court of Missouri · 1877
- Chapman v. DoughertySupreme Court of Missouri · 1885
- Curd v. BrownSupreme Court of Missouri · 1899
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lieber v. LieberSupreme Court of Missouri · 1911
- Cook v. HigginsSupreme Court of Missouri · 1921
- Bishop v. Brittain Investment Co.Supreme Court of Missouri · 1910
- Edmonds v. ScharffSupreme Court of Missouri · 1919
- Powell v. BowenSupreme Court of Missouri · 1919
6 more not listed; retrieve them via the Exa API.