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14 Mo. 431

Fackler v. Fackler

Supreme Court of Missouri

Decided March 15, 1851

Supreme Court of Missouri · decided 1851-03-15

I. It is submitted that this action had been an action of ejectment instead of an action of debt, and the limitation of twenty years had been pleaded; thata replication jof residence in Virginia, nntil within twenty years of the commencement of the suit, would be defection, and no judgment could be rightfully rendered for the plaintiff on issue being io md for him.

Cited by 2 later decisions — most recently November 1925

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1851-03-15

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Ryland, J.,

¶1delivered the opinion of the court.

¶2The only question in this case arises on the statute of limitations, pleaded by the defendant in the court below, and the second replication to said plea.

¶3This point involves the construction of the words “beyond seas,” in the statute of limitations, passed in February, 1826. This very point was decided by this court in the case of Marvin adm’r of Bates vs. Bates, at Jefferson City, in July, 1850. See 13 Missouri Rep., p. 217. In this last case, the cases of Shreve vs. Whittlesey adm’r of Whittlesey, 7 Mo. Rep. 473, and Bedford vs. Bedford, 8 Mo. Reports, 223, were overruled.

¶4We are satisfied with the view this court took of the statute of 1825, in|the case of Marvin vs. Bates; and therefore we are of the opinion that the judgment oí the court below ought to have been arrested.

¶5The replication is no sufficient answer to the defendant’s fifth plea. The term or the words “ beyond seas” in that statute, to our minds, clearly mean “without the United States.”

¶6The judgment of the circuit court must be reversed and the cause remanded for further proceedings in accordance with this opinion, and of the opinion .of this court in the case of Marvin adm’r vs. Bates, 13 Mo. Rep. 217.

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