Sturdivant v. McCorley
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; 1. As to the debt, no time having been agreed on by the parties, it became at once due. No demand was necessary to entitle the party to his right of action. 24 Ark. 230. The debt was barred, and the mortgage, treating the deed as a mortgage, was also barred.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; 1. As to the debt, no time having been agreed on by the parties, it became at once due. No demand was necessary to entitle the party to his right of action. 24 Ark. 230. The debt was barred, and the mortgage, treating the deed as a mortgage, was also barred. Kirby’s Digest, § 5399; 64 Ark. 305. The burden is upon appellant to show that the statute of limitations has not run. 6 Ark. 381; 21 Ark. 379; 27 Ark. 343; Id. 500; 53 Ark. 96; 04 Ark. 26; 93 S. W. 978. 2. Appellee should be held to be barred under the doctrine of laches.…
1Opinion of the Court
Riddicic, J..This is an action by Mrs. Minnie MoCorley to recover of her two brothers, W. A. J. Sturdivant and J. B. Sturdivant, a one-fifth interest in certain assets of the estate of her father, J. S. Sturdivant, which assets she alleges have been converted by the defendants to' their own use.
The defendants filed an answer, and on the hearing there was a judgment against the defendant W. A. J. Sturdivant in favor of plaintiff for the sum of $1173.60, which was declared to be a lien on certain land owned by defendant. Erom this judgment the defendant appealed, and the plaintiff took a…
2Cases cited9 opinions
- Shutts v. . FingarNew York Court of Appeals · 1885
- O'Neil v. MagnerCalifornia Supreme Court · 1889
- Citizens' Savings Bank v. VaughanMichigan Supreme Court · 1897
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Seward v. HaydenMassachusetts Supreme Judicial Court · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
- Maddox v. City of Fort SmithSupreme Court of Arkansas · 2001
- Grant v. WilliamsNebraska Supreme Court · 1954
- Shapard v. MixonSupreme Court of Arkansas · 1916
- Wells v. HilburnTexas Supreme Court · 1936
16 more not listed; retrieve them via the Exa API.