516.030. Disabilities — twenty-one years. — If any person entitled to commence any action in sections 516.010 and 516.090 specified or to make any entry be, at the time such right or title shall first descend or accrue, either within the age of eighteen years, or mentally incapacitated, the time during which such disability shall continue shall not be deemed any portion of the time in sections 516.010 to 516.090 limited for the commencement of such action or the making of such entry; but such person may bring such action or make such entry after the time so limited, and within three years after such disability is removed; provided, that no such action shall be commenced, had or maintained or entry made by any person laboring under the disabilities specified in this section, after twenty-one years after the cause of such action or right of entry shall have accrued.
Notes of Decisions
Cited in
7
cases, 1956–2011 · leading case:
Pemberton v. Reed, 545 S.W.2d 698 (Mo. Ct. App. 1976).
Pemberton v. Reed, 545 S.W.2d 698 (Mo. Ct. App. 1976).
· cites it 11× “die during the continuance of any disability specified in section 516.030 [e. g. insanity] and no determination or judgment be had of the title, right or action to him accrued, his heirs .”
RLI Ins. Co. v. S. Union Co., 341 S.W.3d 821 (Mo. Ct. App. 2011).
· cites it 2× “Counsel for MGE admitted during oral argument that it believes the statute of limitations to recover the Subrogation Damages has run, and that the "one year savings clause” prescribed by section 516.030 has expired. 8 . MGE filed a cross appeal and did not question our…”
Buder v. Merrill Lynch, Pierce, Fenner & Smith, 486 F. Supp. 56 (E.D. Mo. 1980).
· cites it 3× “…provision, comparable to Section 516.170, applies to real actions included within the general limitations statute. Section 516.030 RSMo.”
Byrd v. Bd. of Curators of Lincoln Univ. of Missouri, 863 S.W.2d 873 (Mo. 1993).
“§ 516.030. 1 The Missouri Court of Appeals, Western District, affirmed dismissal because the proceeding is a “contested ease” under the Missouri Administrative Procedures Act (MAPA).”
Hartley v. Williams, 287 S.W.2d 129 (Mo. Ct. App. 1956).
“ch required him to furnish an abstract of title that was merchantable by furnishing an abstract which shows that he claims under a tax title without any further showing and is this such a breach as would warrant a court of equity to grant rescission? In the trial court’s…”
Holland v. Duckworth, 539 S.W.2d 326 (Mo. Ct. App. 1976).
· cites it 2× “050, RSMo 1969, which continues to make it clear that a special limitation (now three years) applies only to the representatives of persons to whom a real action accrued while under a disability (see § 516.030, RSMo 1969) and who subsequently die while remaining disabled.”
Mings v. Mings, 782 S.W.2d 165 (Mo. Ct. App. 1990).
· cites it 9× “Pursuant to § 516.030, RSMo 1959, 2 Lowell had an additional three years after reaching age 21 to contest Roy’s claim.”
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