Hershy v. Latham
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hon. R. B. Ruthereord, Circuit Judge. Appellant was subrogated to all the rights of the judgment creditors under whose execution he bought. (Bump Fr. Conv., 3d ed.,p. 506; 7 Blaekf, 66 S. (7., 39 Am. Dec., IS T7i's., 3SJj,; 1 Freeman Chy., 703.) The fourth plea was a good defense at law as well as equity.
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APPEAL from Crawford Circuit Court. Hon. R. B. Ruthereord, Circuit Judge. Appellant was subrogated to all the rights of the judgment creditors under whose execution he bought. (Bump Fr. Conv., 3d ed.,p. 506; 7 Blaekf, 66 S. (7., 39 Am. Dec., IS T7i's., 3SJj,; 1 Freeman Chy., 703.) The fourth plea was a good defense at law as well as equity. (£6 Ark., Jplk) The defense may not be accurately pleaded, but it states a substantial defense, and appellee should have moved to have the answer made more specific. 3£Ark., 131. Contend that under our present Constitution and statutes, removing the…
1Opinion of the CourtShith, J.
Mrs. Latham brought ejectment against Hershy for the recovery of an undivided five-sixths of certain lots in Port Smith. She claimed under conveyance executed in June, 1867, from five of the six heirs of John Rogers, to whom the property originally belonged.
The complaint shows that she was then and still is the wife of J. B. Latham.
1. Statute of Limitations: Judicial sales. 2. Same: Married woman: Saving clause not repealed by act of 1873.
The first paragraph of the answer set up title in the defendant through a marshal’s deed made in pursuance of a sale under execution against John B. Latham.…
2Cases cited10 opinions
- Brewster v. PowerNew York Court of Chancery · 1844
- Kibbe v. DITTOSupreme Court of the United States · 1877
- Rankin v. HarperSupreme Court of Missouri · 1856
- Jackson v. BatemanNew York Supreme Court · 1829
- Ball v. BullardNew York Supreme Court · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
- Fox v. DrewrySupreme Court of Arkansas · 1896
- Memphis & Little Rock Railroad v. OrganSupreme Court of Arkansas · 1899
- Rowland v. McGuireSupreme Court of Arkansas · 1900
- Harvey v. DouglassSupreme Court of Arkansas · 1904
6 more not listed; retrieve them via the Exa API.