Conditt v. Holden
Supreme Court of Arkansas
Appeal from Jackson Circuit Court: Charles Coffin, Judge; Appellees, having failed to comply with the law with reference to the taking up of estrays, are not entitled to relief under the statute of limitations, and will not he heard to say that the statute began to run in 1904. Kirby’s Dig., §' § 7833 to 7856, inclusive.
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Appeal from Jackson Circuit Court: Charles Coffin, Judge; Appellees, having failed to comply with the law with reference to the taking up of estrays, are not entitled to relief under the statute of limitations, and will not he heard to say that the statute began to run in 1904. Kirby’s Dig., §' § 7833 to 7856, inclusive. The bar of the statute is postponed or avoided by fraud in the defendant committed under such circumstances as to conceal from the plaintiff all knowledge of the fraud, and thus prevent him from asserting his rights. 68 Ark. 455; 25 Cyc. 1173. The statuté runs only from the…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover possession of a mule. In the trial below plaintiff introduced testimony tending to show that he was -the owner of the property in controversy, and that defendants’ possession was wrongful. Defendants introduced no testimony, but the court instructed the jury peremptorily to return a verdict in favor of defendants on the ground' that they had been in possession of the mule for more than three years, and that plaintiff’s right of action was barred. The testimony introduced by plaintiff was sufficient to establish the following state of facts:
Plaintiff, who is a…
2Cases cited7 opinions
- Traer v. ClewsSupreme Court of the United States · 1885
- Faust v. HosfordSupreme Court of Iowa · 1903
- Dorsey Machine Co. v. McCaffreyIndiana Supreme Court · 1894
- Wear v. SkinnerCourt of Appeals of Maryland · 1877
- McKneely v. TerrySupreme Court of Arkansas · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Schmucking v. MayoSupreme Court of Minnesota · 1931
- State v. United States Steel Corp.Supreme Court of New Jersey · 1956
- Waugh v. Guthrie Gas, Light, Fuel & Improvement Co.Supreme Court of Oklahoma · 1913
- Wright v. LakeSupreme Court of Arkansas · 1929
- Kurry v. FrostSupreme Court of Arkansas · 1942
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