Luke v. Rhodes
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; The period of limitation did not ¡begin to run until Rhodes had repudiated his trust ¡and notified the ¡appellant that he would not grant the accounting, which was in June, 1910. Therefore, conceding that ¡equity in ¡applying the doctrine of laches, follows by ¡analogy the period ¡of limitation, and that this period, in this case, would be three years, plaintiff is not barred by…
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Appeal from Mississippi Chancery Court, Osceola District; Charles D. Frierson, Chancellor; The period of limitation did not ¡begin to run until Rhodes had repudiated his trust ¡and notified the ¡appellant that he would not grant the accounting, which was in June, 1910. Therefore, conceding that ¡equity in ¡applying the doctrine of laches, follows by ¡analogy the period ¡of limitation, and that this period, in this case, would be three years, plaintiff is not barred by laches. 135 U. S. 621; 73 Fed. 374; 7 N. C. 139; 9 Ark. 527. Counsel review the testimony ¡and, ¡citing no authorities,…
1Opinion of the CourtSmith, J.
Appellant filed two suits in the chancery court of Mississippi County on the 8th day of June, 1912, which were consolidated1 by consent, and both submitted at the ¡same hearing on the same proof. One of the oases was ¡a .suit against appellee Rhodes as ¡administrator for ¡an ¡accounting ¡of the partnership ¡affairs of the firm of Keiser & Luke; and the' other was for possession ¡and partition of lands ¡held by the widow and heirs of Keiser.
The ¡complaint in the first case ¡alleged that Rhodes was the ¡administrator of J. P. Keiser, deceased, who was formerly a partner of the appellant,…
2Cases cited7 opinions
- Culley & Son v. EdwardsSupreme Court of Arkansas · 1884
- Coolidge v. BurkeSupreme Court of Arkansas · 1901
- Hill v. DraperSupreme Court of Arkansas · 1891
- Grider v. Apperson & Co.Supreme Court of Arkansas · 1882
- Tiner v. ChristianSupreme Court of Arkansas · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Nakdimen v. Brownfield, AdministratrixSupreme Court of Arkansas · 1942
- Nakdimen v. Brownfield, AdministratrixSupreme Court of Arkansas · 1942
- Peden v. PedenSupreme Court of Arkansas · 1961