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90 Mo. 344

Heffernan v. Howell

Supreme Court of Missouri

Decided October 15, 1886

Supreme Court of Missouri · decided 1886-10-15

— Hon. W. F. Geig-eb, Judge. It is contended by the appellant that, if the allegations in his petition are true, as stated, which by the pleadings are confessed, no title passed, and that Charles Carlton, nor his grantees, are, or could be, in any way affected by the statute of limitations, and they, or any one of them, could not be charged with laches if the , appellant, or his grantors, through long lapse of time had failed to assert his title.

Cited by 5 later decisions — most recently December 1908

3 state decisions

Relies on Kelly v. Hurt

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1886-10-15

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Norton, J. —

¶1-The only question involved in this appeal is,’ whether or not the action of the circuit court in sustaining a demurrer to plaintiff’s petition was proper or not. Plaintiff, by his petition, seeks to vacate and set aside a judgment, rendered by the Greene county circuit court, in February, 1863, against one Charles Carlton, on the ground that it was fraudulently obtained; and also seeks to have divested the title of defendants Howell and Wade, acquired by reason of a sale of said Carlton’s land, made in February, 1863, by virtue of an execution which issued on said judgment. It appears, on the face of the petition, that the right of action set up therein, to have said judgment vacated, accrued in February, 1863, and that this suit was not commenced till in May, 1883, more than twenty years having elapsed since the accrual of the right of action and the institution of the suit. The demurrer was properly sustained for that cause, if for no other, no *346reason or excuse whatever being alleged in the petition why the action was not commenced within the time prescribed by the statute for bringing the suit. Kelly v. Hurt, 61 Mo. 463.

¶2Judgment affirmed.

All concur.
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