Cunningham v. Brumback
Supreme Court of Arkansas
The main defence relied on is the statute of limitations, and upon this point the case was decided by the Chancellor. It is proved beyond any question, that all the time Brumback, or those before him, held any of the lands or lots, there was pending in the courts here litigation about them. Appellees holding thus, acquired no title whatever, and their possession could never make them a title. There is no basis upon which the limitation can rest.
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The main defence relied on is the statute of limitations, and upon this point the case was decided by the Chancellor. It is proved beyond any question, that all the time Brumback, or those before him, held any of the lands or lots, there was pending in the courts here litigation about them. Appellees holding thus, acquired no title whatever, and their possession could never make them a title. There is no basis upon which the limitation can rest. All persons were bound to take notice of this litigation. Meux vs. Anthony, 6 Eng. Ill, There is no proof in the cause of any sufficient possession…
1Opinion of the CourtJustice Fairchild
We have examined this case and affirm the decree rendered by the Chancery Court. We approve of the opinion of the Chancellor, and direct it to be published in the Reports as expressing the views of this court:
CHANCELLOR'S OPINION.
The view that I have taken of this case renders it of little importance to decide the demurrer which questions the right of the plaintiffs to come into equity for relief. But because the plaintiffs seek to enforce a decree, and because in some other respects they might not be able to obtain an adequate remedy at law, I think that the bill on its face is sufficient,…
2Cases cited4 opinions
- Fanning v. WillcoxU.S. Circuit Court for the District of Connecticut · 1808
- Ewell v. TidwellSupreme Court of Arkansas · 1859
- M'Coy v. Trustees of Dickenson CollegeSupreme Court of Pennsylvania · 1819
- Pleak v. ChambersCourt of Appeals of Kentucky · 1847
3Cited by9 opinions
- Goodwin v. GaribaldiSupreme Court of Arkansas · 1907
- Brown v. BocquinSupreme Court of Arkansas · 1892
- Gregory v. JonesSupreme Court of Arkansas · 1947
- Harris v. RobertsonSupreme Court of Arkansas · 1991
- Seidenstricker v. HoltzendorffSupreme Court of Arkansas · 1949
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