Legal Opinion

Austin v. Steele

Supreme Court of Arkansas

Decided July 21, 1900PublishedCited by 1 opinion

Appeal from Benton Circuit Court in Chancery. Edward S. McDaniel, Judge. STATEMENT BY THE COURT. On the 6th day of January, 1897, appellee brought this suit on the chancery side of the Benton county circuit court against appellant, W. H. Austin, and others.

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Appeal from Benton Circuit Court in Chancery. Edward S. McDaniel, Judge. STATEMENT BY THE COURT. On the 6th day of January, 1897, appellee brought this suit on the chancery side of the Benton county circuit court against appellant, W. H. Austin, and others. The material allegations of the complaint are that on the 18th day of July, 1882, Baker Phoenix, being the owner of the following-described real estate situated in Benton county, Arkansas, to-wit, the southeast quarter of southeast quarter of section 21, and southwest quarter of southwest quarter of section 22, and the northwest quarter of…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) Prior to the passage of the act of March 15, 1889 (Sandels & Hill’s Digest, §§ 5094, 5095), the limitation of actions to foreclose mortgages or deeds in trust upon real estate was seven years, the period allowed by the statute within which to bring ejectment for the possession of the land. Section 4815, Sandels & Hill’s Digest, as to limitation of right to bring ejectment (act of January, 1851). “Seven years continuous adverse possession against the mortgagee will bar his action for the recovery of the mortgaged premises, or for foreclosure of the…

2Cases cited4 opinions

  1. Hughes v. EdwardsSupreme Court of the United States · 1824
  2. Ringo v. WoodruffSupreme Court of Arkansas · 1884
  3. Whittington v. FlintSupreme Court of Arkansas · 1884
  4. Barrett v. PrentissSupreme Court of Vermont · 1884

3Cited by1 opinion

  1. Mullins v. WilcoxSupreme Court of Arkansas · 1916

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