Dickinson v. Thornton
Supreme Court of Arkansas
Appeal from Chicot Circuit Court. Marcus L. Hawkins, Judge. The court erred in allowing' appellee to introduce in evidence the complaint in another action to which appellant was not a party. 21 Ark. 329. Where one is led into , a contract by fraud, he must repudiate it as soon as it is discovered. 26 Ark. 28; 17 Ark. 228; 91 U. S. 592; Bigelow, Fraud. 434. In order to invoke the statute of limitations, a party’s holding must have been adverse. 48 Ark. 312; 38 id. 181; 13…
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Appeal from Chicot Circuit Court. Marcus L. Hawkins, Judge. The court erred in allowing' appellee to introduce in evidence the complaint in another action to which appellant was not a party. 21 Ark. 329. Where one is led into , a contract by fraud, he must repudiate it as soon as it is discovered. 26 Ark. 28; 17 Ark. 228; 91 U. S. 592; Bigelow, Fraud. 434. In order to invoke the statute of limitations, a party’s holding must have been adverse. 48 Ark. 312; 38 id. 181; 13 Ark. 143; 16 id: 628; id. 671; 27 id. 222; 44 id. 452; 17 id. 77; 30 id. 640; 47 id. 66. A tenant’s holding is not adverse…
1Opinion of the CourtBattle, J.
On the 30th of June, 1891, this action was instituted by Mrs. M. L. Dickinson against Joseph Thornton, to recover possession of a certain tract of land described in her complaint. The defendant denied her title and right to the possession thereof, and alleged that the land was forfeited to the state of Arkansas on account of the non-payment of the taxes assessed against it for the year 1871; that it was donated by the state to one Peter Jones; and that he purchased it from Jones.
In March, 1895, the issues in the action were tried by a jury, and a verdict was returned, and judgment was…
2Cases cited1 opinion
- Percifull v. PlattSupreme Court of Arkansas · 1880
3Cited by6 opinions
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HesterlySupreme Court of Arkansas · 1911
- Mason v. JarrettSupreme Court of Arkansas · 1950
- Duggan v. McCulloughSupreme Court of Colorado · 1899
- Harrison v. MobleySupreme Court of Arkansas · 1947
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