Segers v. Ayers
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; An administrator is not bound to plead the statute of limitations under ordinary circumstances. 68 Ark. 492. But there are extraordinary circumstances in the case at bar.
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Appeal from Mississippi Chancery Court; Edward D. Robertson, Chancellor; An administrator is not bound to plead the statute of limitations under ordinary circumstances. 68 Ark. 492. But there are extraordinary circumstances in the case at bar. The fraud which would vitiate a judgment must have been in the procurement thereof. 73 Ark. 440. Equity may refuse relief where it is sought after an undue and unexplained delay. 81 Ark. 284; 86 Ark. 591. Although appellant -brought her suit in the wrong forum, it shows that she was vigorously contesting her claim. In order to overturn a judgment of the…
1Opinion of the CourtMcCulloch, C. J.
Margaret Cox, a resident of Mississippi County, Arkansas, died in October, 1903, leaving surviving appellant, Maggie Eee Segers, her sole heir at law. She left an estate consisting of a tract of land in that county, and in July, 1904, E. M. Ayers, the husband of appellee, Sarah J. Ayers', was appointed administrator of the estate of said decedent. Mrs. Ayers then probated a claim against said estate for the sum of $400, alleged to be due for the rent of land for the years 1893, 1894, 1895 and 1896. The claim was duly authenticated and presented to the administrator, who allowed it, and it was…
2Cases cited5 opinions
- MacKall v. CasilearSupreme Court of the United States · 1890
- Jackson v. Becktold Printing & Book Manufacturing Co.Supreme Court of Arkansas · 1908
- Scott v. PennSupreme Court of Arkansas · 1900
- Wilson v. AnthonySupreme Court of Arkansas · 1857
- Stuckey v. LockardSupreme Court of Arkansas · 1908
3Cited by8 opinions
- Gordon v. WellmanSupreme Court of Arkansas · 1979
- Board of Levee Inspectors v. Southwestern Land & Timber Co.Supreme Court of Arkansas · 1914
- Finley v. FinleySupreme Court of Arkansas · 1912
- George v. Serrett, AdministratorSupreme Court of Arkansas · 1944
- Reese v. BruceSupreme Court of Arkansas · 1918
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