Trulock v. Taylor
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Hon. JIenry 33. Morse, Circuit Judge. We submit: 1. Actionis barred by Statute of Limitation. Gould’s Rig. p. J/63, sec. 33. Ib. p. 739, sec. 3. 2. Suit of 1862 is a nullity. Const. 1868, art. 1, sec. 35. -3. Refusal to allow first plea reinstated, was error. 4. Refusal to declare law propositions of appellants, was «error.
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Appeal from Jefferson Circuit Court. Hon. JIenry 33. Morse, Circuit Judge. We submit: 1. Actionis barred by Statute of Limitation. Gould’s Rig. p. J/63, sec. 33. Ib. p. 739, sec. 3. 2. Suit of 1862 is a nullity. Const. 1868, art. 1, sec. 35. -3. Refusal to allow first plea reinstated, was error. 4. Refusal to declare law propositions of appellants, was «error. As to third proposition, see Goioper, JJ73. There was nothing dubious in appellant’s equity. 3 Johnson’s cases, 8*21. See also, 3 Wheat. 221; 2 Wend. 109; Angel on Dim. sec. 827; 7 Wallace, 386. 5. The second suit was not a continuation…
1Opinion of the Court
WaRAViok, Special J.
At the May term, 1862, of the circuit court of Jefferson county, Creed Taylor, administrator of the estate of Solon B. Jones, deceased, brought action of ejectment against Amanda Trulock, et al., to recover possession of eighty acres of land in Jefferson county. Summons was issued and the defendants served, but no other proceedings appear to have been had in this ease.
At the May term, 1866, said Creed Taylor, administrator, etc., instituted a new suit, to recover possession of said land, against Amanda Trulock, et al., alleging in the declaration that Solon B. Jones, his…
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