Mueller v. Light
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; The statute of non-claim has no application to a debt secured by a deed of trust. 22 Ark. 535. Payment' by an administrator of an unprobated debt of his decedent which is secured by mortgage will not arrest the running of the statute of limitations unless there was no order of the probate court authorizing such payment. 65 Ark. 1. The law presumes that everv man does his duty until the contrary is shown. 25…
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Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; The statute of non-claim has no application to a debt secured by a deed of trust. 22 Ark. 535. Payment' by an administrator of an unprobated debt of his decedent which is secured by mortgage will not arrest the running of the statute of limitations unless there was no order of the probate court authorizing such payment. 65 Ark. 1. The law presumes that everv man does his duty until the contrary is shown. 25 Ark. 311. The statute of limitations does not afford a bar to proving a claim against a fund in court. 31 Ont. 495; 19…
1Opinion of the CourtHart, J.
The statement of the case made by counsel fox' appellant is adopted.
This is an appeal from the action of the chancery com! of Greene County in sustaining the demurrer of defendants to plaintiff’s complaint. The allegations of the complaint are substantially as follows:
On the 29th day of May, 1900, H. W. Glasscock executed and delivered to the plaintiff a note payable two years after date, secured by mortgage on certain lands in Greene County. On February 25, 1901, H. W. Glasscock died intestate, and on March 9 following M. F. Collier was appointed his administrator. The said mortgage did not…
2Cases cited7 opinions
- Ross v. Frick Co.Supreme Court of Arkansas · 1904
- Salinger v. BlackSupreme Court of Arkansas · 1900
- Hall v. DencklaSupreme Court of Arkansas · 1873
- McGehee v. BlackwellSupreme Court of Arkansas · 1872
- McGill v. HughesSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rhodes v. CannonSupreme Court of Arkansas · 1914
- Evans v. PettusSupreme Court of Arkansas · 1914
- Culberhouse v. HawthorneSupreme Court of Arkansas · 1913
- Flanagan v. RaySupreme Court of Arkansas · 1921
- Burns v. BurnsSupreme Court of Arkansas · 1940
5 more not listed; retrieve them via the Exa API.