Bird v. Smith
Supreme Court of Arkansas
Writ of Error to the Circuit Court of White county. This was an action of covenant, brought by Washington Smith, against James Bird, and determined in the Circuit Court of White county, on the 13th day of October, 1846, before the Hon. William H. Feild, Judge.
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Writ of Error to the Circuit Court of White county. This was an action of covenant, brought by Washington Smith, against James Bird, and determined in the Circuit Court of White county, on the 13th day of October, 1846, before the Hon. William H. Feild, Judge. The declaration sets out an indenture entered into on the 9th Sept. 1839, whereby, in consideration of four hundred dollars, paid by the plaintiff to the defendant, the said defendant bargained, sold, and granted, unto the plaintiff, his heirs, &c., a certain tract of land, described as, The defendant sued out a writ of error, and has…
1Opinion of the CourtOldham, J.
The first plea filed by the defendant below,, avers that the plaintiff’s cause of action did not accrue within five years next before the commencement of this suit. It is insisted, for the plaintiff below, who is defendant in error, that, at the time of the institution of this suit, five years was not the statutory bar to his action. The statute of limitations contained in the Rev. St. ch. 96, after prescribing the limitation in which various actions were to be commenced, enacts, sec. 11, “All actions not included in the foregoing provisions, shall be commenced within five years after the…
2Cases cited1 opinion
- Mitchell v. HazenSupreme Court of Connecticut · 1823
3Cited by1 opinion
- Clark v. LesserSupreme Court of Arkansas · 1913