Hargus v. Hayes
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; George T. Humphries, Chancellor; Suit by Joshua Hayes, as administrator of the estate of J. W. Hayes, deceased, against Abner Hargus. Plaintiff recovered. and defendant appealed. x. It is shown by undisputed proof that appellant was in possession of the land claiming it as his own for 16 years.
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Appeal from Fulton Circuit Court; George T. Humphries, Chancellor; Suit by Joshua Hayes, as administrator of the estate of J. W. Hayes, deceased, against Abner Hargus. Plaintiff recovered. and defendant appealed. x. It is shown by undisputed proof that appellant was in possession of the land claiming it as his own for 16 years. Further that appellant took possession in Hayes’s lifetime, before the latter went to the penitentiary, and the seven-year statute of limitations would bar recovery. The limitation statute need not be specially pleaded in equity, which will not enforce stale demands.…
1Opinion of the CourtMcCulloch, J.
The plaintiff, Joshua Hayes, as administrator of the estate of J. W. Hayes, deceased, instituted this suit in equity for the benefit of the heirs at law of said decedent against the defendant, Abner Hargus, to set aside a deed executed by said decedent to defendant conveying the lands described in the complaint, and to recover the rents and profits of the lands collected by .the defendant since the execution of said conveyance.
It is alleged in the complaint that said conveyance was made for the fraudulent purpose of cheating, hindering and delaying the creditors of said decedent. The…
2Cases cited3 opinions
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Davie v. DavieSupreme Court of Arkansas · 1889
- Young v. RoseSupreme Court of Arkansas · 1906
3Cited by11 opinions
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Festinger v. KantorSupreme Court of Arkansas · 1978
- Hughes Bros. v. RedusSupreme Court of Arkansas · 1909
- Brown v. NorvellSupreme Court of Arkansas · 1909
- Gaither v. CampbellSupreme Court of Arkansas · 1910
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