Burr v. Williams
Supreme Court of Arkansas
Appeal pom Independence Circuit Court. -Hon. William C. Bevens, Circuit Judge. The first additional replication to the plea was interposed under the 29th section of chapter 99 of the Digest, entitled (Limitations.
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Appeal pom Independence Circuit Court. -Hon. William C. Bevens, Circuit Judge. The first additional replication to the plea was interposed under the 29th section of chapter 99 of the Digest, entitled (Limitations. See page 700, sec. 29. Did Williams, by “ any improper act of his own, prevent the commencement ” of this suit? If he had hot made the representations, the promises, the ■entreaties, that the replication narrates, he would have been sued in 1849. So the replication states, and on demurrer it is '■taken to be true. The same authority that gave Williams the right to plead the statute,…
1Opinion of the CourtChief Justice English
On the 6th of April, 1853, Edwin T. Burr commenced an action of debt against Septimus Williams, in the Independence Circuit Court, on the following instrument:
“ New Orleans, 3d April, 1847.
$1,270 55.
One day from date, we promise to pay Walton & Sheale, or order, twelve hundred and seventy 55-100 dollars, for value received, with interest at the rate of eight per cent, per annum from date.
STONE & WILLIAMS,
In liquidation. Batesville, Ark.”
“ We assign the within to Edwin T. Burr, 3d April, 1847.
WALTON & SHEAFE,
In liquid'n."
The defendant pleaded nil debet, and the statute of limitations of five…
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