Cox v. Phelps
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. STATEMENT BY THE COURT. This suit was begun February 13, 1894, to foreclose a deed in trust made to secure a note given by N. G. Hewitt for $6,000 on August 1, 1879, due three years after date, for money borrowed of Mrs. Mary G. Van Horn. The property conveyed in the deed is lot 12 in block 1 in the city of Little Rock.
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Appeal from Pulaski Chancery Court. David W. Carroll, Chancellor. STATEMENT BY THE COURT. This suit was begun February 13, 1894, to foreclose a deed in trust made to secure a note given by N. G. Hewitt for $6,000 on August 1, 1879, due three years after date, for money borrowed of Mrs. Mary G. Van Horn. The property conveyed in the deed is lot 12 in block 1 in the city of Little Rock. N. G. Hewitt died in February, 1887, leaving a will, which was probated March 18, 1887. N. G. Hewitt paid the interest on this note up to the time of his death. The note was transferred to Mrs. Sarah R. Phelps,…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Unless the payments made by D. Reeve with money of the estate of N. G. Hewitt, furnished him by N. W. Cox, administrator of said estate, and for which Cox was allowed credit, as administrator, in his settlement of Hewitt’s estate, by the probate court of Pulaski county, prevented the bar of the statute of limitations, this action was barred when the suit was begun. The inquiry then is, do these payments have the effect in law to prevent the bar of the statute of limitations? Is the plaintiff’s right of action tolled, notwithstanding these payments?
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2Cases cited2 opinions
- Alter v. KinsworthySupreme Court of Arkansas · 1875
- Ross v. HineSupreme Court of Arkansas · 1886
3Cited by6 opinions
- Johnson v. SpanglerSupreme Court of Arkansas · 1928
- Abbott v. JohnstonSupreme Court of Arkansas · 1917
- Sanders v. McClintockSupreme Court of Arkansas · 1927
- Acker v. WatkinsSupreme Court of Arkansas · 1936
- Clemmons v. Clemmons, Admr.Supreme Court of Arkansas · 1939
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