Duke v. State
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. 1. The statute of limitation began to run upon the death of the .mortgagor and entry of the heirs. 34 Ark. 312; Buswell on Dim. note 2, sec. 311; Angelí on Dim. sec. 452. 2. While no statute bars the sovereign, yet where the State takes part in a private enterprise not strictly governmental, and becomes involved in litigation, the same limitation applies as to individuals. 45 Ark. 81; 13 Am. & Eng. Enc.
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Appeal from Pulaski Chancery Court. 1. The statute of limitation began to run upon the death of the .mortgagor and entry of the heirs. 34 Ark. 312; Buswell on Dim. note 2, sec. 311; Angelí on Dim. sec. 452. 2. While no statute bars the sovereign, yet where the State takes part in a private enterprise not strictly governmental, and becomes involved in litigation, the same limitation applies as to individuals. 45 Ark. 81; 13 Am. & Eng. Enc. Law, 711; 12 Johns. 242. 3. The claim is stale. After the lapse of twenty years, payment is presumed. 23 Wall. 127; 5 Johns. Ch. 545 ; 9 Wheat. 516 ; 2…
1Opinion of the CourtManseiEED, J.
This was a proceeding prosecuted by the State under the act of January 16, 1861, to foreclose a mortgage executed to the Real Estate Bank by Stephen Gaster in the year 1837. The mortgage conveyed certain lands then owned by Gaster, and it was given to secure the payment of his bond to the bank for the sum of $30,000. The debt did not mature until 1861, and the mortgage expressly provided that the lands should remain in the possession of Gaster until they should be ‘ ‘ legally sold ’ ’ to satisfy it. He continued to occupy the lands, until his death, which occurred in the year 1858 or 1859.…
2Cases cited27 opinions
- Sohn v. WatersonSupreme Court of the United States · 1873
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Parker v. OvermanSupreme Court of the United States · 1856
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- Loring v. PalmerSupreme Court of the United States · 1886
22 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. StateSupreme Court of Arkansas · 1911
- Morton v. TullgrenSupreme Court of Arkansas · 1978
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Kelso v. BushSupreme Court of Arkansas · 1935
- Hobbs v. LenonSupreme Court of Arkansas · 1935
11 more not listed; retrieve them via the Exa API.