The Southwestern Reporter
The Southwestern Reporter
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Manly^ 58 Mo. 559. Under this state of the law, and the evidence in this case, had the heirs of James Lee brought ejectment against Eleanor, his widow, (dower never having been assigned her,) their action would have been unavailing, inasmuch as, until dower was assigned, she was entitled to the possession of the premises; and, inasmuch as dower was never assigned, a right of action on the part of the heirs of said James Lee for possession of the premises did not accrue till she died. Brown v. M...oore, 74 Mo. 633; Long y.McDow, 87 Mo. 197.
Applying the principle of the above cases to the facts in this case, we must hold that the statute only commenced to run after the death of Mrs. I^ee; and, inasmuch as the court tried the case on a theory opposed to the one above stated, the judgment will be reversed, and cause remanded.
(All concur.) Sfurlook V, MissoxTRi Pao. Ry. Co.
Oujtreme Cowrt of MissovrL December 19, 1887.) L Pmadiwo— Ambhdbd Plsabings— Plbadino ant> Proof.
Where it does not appear that the original petition, or the first and second amended petitions, had been adjudged insufficient on demurrer, or had been stricken out on motion, in whole or in part, the fact that the caune was tried on the third amended petition ia no ground for exclusion of evidence on the trial.
What to read after The Southwestern Reporter?
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To quickly assess the difficulty of the text, read a short excerpt:
Manly^ 58 Mo. 559. Under this state of the law, and the evidence in this case, had the heirs of James Lee brought ejectment against Eleanor, his widow, (dower never having been assigned her,) their action would have been unavailing, inasmuch as, until dower was assigned, she was entitled to the possession of the premises; and, inasmuch as dower was never assigned, a right of action on the part of the heirs of said James Lee for possession of the premises did not accrue till she died. Brown v. M...oore, 74 Mo. 633; Long y.McDow, 87 Mo. 197.
Applying the principle of the above cases to the facts in this case, we must hold that the statute only commenced to run after the death of Mrs. I^ee; and, inasmuch as the court tried the case on a theory opposed to the one above stated, the judgment will be reversed, and cause remanded.
(All concur.) Sfurlook V, MissoxTRi Pao. Ry. Co.
Oujtreme Cowrt of MissovrL December 19, 1887.) L Pmadiwo— Ambhdbd Plsabings— Plbadino ant> Proof.
Where it does not appear that the original petition, or the first and second amended petitions, had been adjudged insufficient on demurrer, or had been stricken out on motion, in whole or in part, the fact that the caune was tried on the third amended petition ia no ground for exclusion of evidence on the trial.
What to read after The Southwestern Reporter?
You can find similar books in the "Read Also" column, or choose other free books by West Publishing Company to read onlineMoreLess
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