Memphis & Little Rock Railroad v. Organ
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court in Chancery. The burden of proof, under the statute of limitations, was on the plaintiff. 21 Ark. 386; 43 id. 139. The bill and the amended bill did not state a case within the period of limitation; hence the suit should have been dismissed, regardless of what the evidence showed. 16 Ark. 169; 20 Ark. 200; 24 Ark. 390; 9 Pet. 415. The entry of the Federal troops did not affect the continuity of appellant’s possession. 20 S. W. 443; 24…
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Appeal from Crittenden Circuit Court in Chancery. The burden of proof, under the statute of limitations, was on the plaintiff. 21 Ark. 386; 43 id. 139. The bill and the amended bill did not state a case within the period of limitation; hence the suit should have been dismissed, regardless of what the evidence showed. 16 Ark. 169; 20 Ark. 200; 24 Ark. 390; 9 Pet. 415. The entry of the Federal troops did not affect the continuity of appellant’s possession. 20 S. W. 443; 24 Ark. 392; 83 Am. Dec. 499. Possession, once established, is presumed to continue until the contrary is shown. 34 Ark. 102;…
1Opinion of the CourtHughes, J.
This is the second appeal in this case. The opinion in the first appeal is reported in 51 Ark. 235 (Organ v. Memphis & Little Rock Railroad Co.), where many of the facts are set out, and many questions of law involved in the case are discussed and settled, so that in the present appeal mainly questions of fact are involved. The question of law involved is the statute of limitations, and this depends upon the evidence.
In the former opinion at page 267, 51 Ark., the court, through Judge Battle, said: “But it is insisted that appellee is not responsible for the debts of its predecessors. This is…
2Cases cited8 opinions
- Olcott v. . the Tioga Railroad CompanyNew York Court of Appeals · 1859
- Organ v. Memphis & Little Rock RailroadSupreme Court of Arkansas · 1888
- Howard v. StateSupreme Court of Arkansas · 1886
- Patton v. StateSupreme Court of Arkansas · 1887
- Bentonville R. R. v. BakerSupreme Court of Arkansas · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Lang v. Choctaw, Oklahoma & Gulf R.Court of Appeals for the Eighth Circuit · 1908
- Waller v. DansbySupreme Court of Arkansas · 1920
- State Highway Commission v. StumboOregon Supreme Court · 1960
- Howell v. BaskinsSupreme Court of Arkansas · 1948
- Lewis v. IdonesAppellate Division of the Supreme Court of the State of New York · 1952
9 more not listed; retrieve them via the Exa API.