Leach v. Moore
Supreme Court of Arkansas
Appeal from Phillips Circuit Court in Chancery. Grant Green, Jr., Judge. On the 11th of October, 1890, Mrs. Laura M. Leach sued John P. Moore, the complaint alleging in substance, but with much detail, that, in the year 1868, her brother-in-law, W. Dorsey Rice, of the firm of Rice & Engel, doing business at Memphis, Tenn., was indebted to her in the sum of $7000; that, between September, 1868, and May, 1869, the firm of Rice & Engel, being' insolvent, turned over to…
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Appeal from Phillips Circuit Court in Chancery. Grant Green, Jr., Judge. On the 11th of October, 1890, Mrs. Laura M. Leach sued John P. Moore, the complaint alleging in substance, but with much detail, that, in the year 1868, her brother-in-law, W. Dorsey Rice, of the firm of Rice & Engel, doing business at Memphis, Tenn., was indebted to her in the sum of $7000; that, between September, 1868, and May, 1869, the firm of Rice & Engel, being' insolvent, turned over to defendant a stock of goods, of the value of $50,000, to secure, among other claims, the above indebtedness of Rice to plaintiff,…
1Opinion of the Court
1. when delay in bring'excusat.il?*
Cockrill, C. J.
It is difficult to ascertain where 1ruth lies in the conflicting statements of the witnesses, and the contradicting circumstances evinced by the conduct of some of them, in reference to the purpose for which the assignment of an interest in the Pearce decree was made to Moore. It is not of practical importance now because if the appellant’s theory about the facts is correct, her remedy has been lost by lapse of time. The decree was assigned in 1869 ; the appellee has always refused to account because he claimed that the fruits of the decree…
2Cases cited2 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Amy v. WatertownSupreme Court of the United States · 1889
3Cited by5 opinions
- Bland v. FleemanSupreme Court of Arkansas · 1893
- Texas Rice Land Co. v. McFaddin, Wiess & Kyle Land Co.Texas Commission of Appeals · 1924
- Mercantile Bank v. PhillipsSupreme Court of Arkansas · 1976
- Mortensen v. BallardSupreme Court of Arkansas · 1951
- Mercantile Bank v. PhillipsSupreme Court of Arkansas · 1976