Public-domain · open source
OpenJurist

95 Mo. 16

Beard v. Hale

Supreme Court of Missouri

Decided April 15, 1888

Supreme Court of Missouri · decided 1888-04-15

— Hon. Elijah . Robinson, Judge. (1) It has been said that “tenant in dower is so much favored as that it is the common by-word of the law that the law favors three things, life, liberty, and dower.” 1 Wash. Real Prop., sec. 147; Schouler Dom. Rel. 183. Limitation of actions is a statutory provision and should be closely construed. Unless the statute in specific terms limits the action for dower the courts will not presume such actions were intended to be barred.

Cited by 3 later decisions — most recently November 1903

3 state decisions

Relies on Robinson v. Ware

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1888-04-15

View the full empirical analysis of this case →

Sherwood, J.

¶1Action for assignment of dower; plea, the statute of limitations. The evidence shows sale of the land by the administrator of the estate of plaintiff’s former husband in 1864, immediate possession taken by the purchaser, and that he, and those claiming under him, have been in adverse possession ever since. This action was brought in 1884. The court below ruled that the statute had run, and conseguently found in *19favor of defendant. In the case of Robinson v. Ware, 94 Mo. 678, an action of the same nature as the present one was decided the same way. That case dominates this one, and the judgment is affirmed.

All concur, but Ray, J., absent.
/95/mo/16 · .json · Public domain