Waters v. Merit Pants Co.
Supreme Court of Arkansas
Appeal from Howard Chancery Court. James D. Shaver, Chancellor. Mrs. Waters was entitled to what her husband owed to her; and on this point her evidence, being uncontradicted, must control.
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Appeal from Howard Chancery Court. James D. Shaver, Chancellor. Mrs. Waters was entitled to what her husband owed to her; and on this point her evidence, being uncontradicted, must control. S3 Ark. 96; 66 Ark. 513, 522; 66 Ark. 439, 441; 55 S. W. 940; 61 Ga. 202. The statute of limitations is a plea personal to the debtor, and no one else can interpose it for him, n Ark. 512; 33 Ark. 491; 36 Ark. 476, 479; 68 Iowa, 132; 63 Me. 326; 53 Ark. 178. And it must be pleaded by the party entitled to its benefits before it can be available. 83 Pac. 404; 44 W. Va. 342; 48 La. Ann. 1538; 86 Md. 400;…
1Opinion of the CourtMcCulloch, J.
This is an action brought by appellee, Merit Pants Company, against appellants, H. M. Waters and wife, in which- appellee seeks to subject certain lands to the paynjent of a debt in the sum of $380.75 due appellee by said H. M. Waters. It is alleged that H. M. Waters, being insolvent and indebted to appellee, purchased the land in controversy from one McClure, and, with intent to defraud his creditors, caused the title to be conveyed to his wife. The proof in the case consisted only of the testimony of McClure and Mrs. Waters, and it appears therefrom that McClure sold the land to H. M.…
2Cases cited4 opinions
- Driggs & Co.'s Bank v. NorwoodSupreme Court of Arkansas · 1887
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
- Davis v. YongeSupreme Court of Arkansas · 1905
- Godfrey v. HerringSupreme Court of Arkansas · 1905
3Cited by7 opinions
- Seymour Improvement Co. v. Viking Sprinkler Co.Indiana Court of Appeals · 1928
- Southern Railway Co. v. Blanford's AdministratrixSupreme Court of Virginia · 1906
- Sieb's Hatcheries, Inc. v. LindleyDistrict Court, W.D. Arkansas · 1953
- Roberts v. Bodman-Pettit Lumber Co.Supreme Court of Arkansas · 1907
- In re ThorsenDistrict Court, D. Colorado · 1922
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