Legal Opinion

Everton v. Day

Supreme Court of Arkansas

Decided December 24, 1898PublishedCited by 1 opinion

Appeal from Lonoke Chancery Court. Thomas B. Martin, Chancellor. The debt being barred, the deed of trust is also barred. Act March 25, 1898; 61 Ark. 115. The injunction prohibiting the sale did not prevent the commencement of an action for the debt, and hence did not stop the statute. 14 Ark. 496; 2 Am. & Eng. Ch. Cas. 587. To toll the statute, the exception must come strictly within those enumerated m the statute. 13 Am. & Eng. Enc.

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Appeal from Lonoke Chancery Court. Thomas B. Martin, Chancellor. The debt being barred, the deed of trust is also barred. Act March 25, 1898; 61 Ark. 115. The injunction prohibiting the sale did not prevent the commencement of an action for the debt, and hence did not stop the statute. 14 Ark. 496; 2 Am. & Eng. Ch. Cas. 587. To toll the statute, the exception must come strictly within those enumerated m the statute. 13 Am. & Eng. Enc. Law, 731, § 5, note; Angelí, Lim. 196, note 3. Bringing the suit for injunction against appellees did not interrupt the statute. 42 S. W. 534; S. C. 64 Ark.…

1Opinion of the CourtBattle, J.

On the 28th of February, 1888, B. F. Ever-ton was indebted to Day, Horton & Bailey, on account, in a large sum of money; how much, they did not know, but estimated it at the sum of $1,000. Everton and his wife executed a note for this amount, due and payable on the 1st of October, 1888, in settlement of so much of such indebtedness; and Day, Horton & Bailey agreed to advance to him until the first day of April, 1889, goods, wares and merchandise not exceeding, at prices sold, the aggregate sum of $20,000: and, to secure the payment of the promissory note and the amount that would be due for…

2Cited by1 opinion

  1. Rich v. HankinsSupreme Court of Arkansas · 1942

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