Strayhorn v. McCall
Supreme Court of Arkansas
Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. J. E. McCall was the owner of a quarter section of land in Yell County, which he occupied as his homestead, and on January 20, 1888, he borrowed $300 from Mattie E. Freeman, and execu ed to her a note for that sum, payable two years after date with interest, and a mortgage on said land to secure the payment of said note.
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Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; STATEMENT BY THE COURT. J. E. McCall was the owner of a quarter section of land in Yell County, which he occupied as his homestead, and on January 20, 1888, he borrowed $300 from Mattie E. Freeman, and execu ed to her a note for that sum, payable two years after date with interest, and a mortgage on said land to secure the payment of said note. He died in 1896, and the land was sold by appellee, Stray-horn, as the administrator of his estate, under order of the probate court, for the purpose of raising funds to pay debts, and…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) It is urged here that the chancellor erred in decreeing a foreclosure, because the debt was barred by' limitation, but an examination of the pleadings fails to disclose a plea of the statute bar. The statute of limitations, when relied upon as a defense in suits in equity, as well as in actions at law, must be specially pleaded. Wilson v. Anthony, 19 Ark. 16. Chief Justice English in delivering the opinion of the court in the case just cited said: “The statute of limitation cannot be insisted on as a bar in equity without being pleaded or in some form…
2Cases cited11 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Nolen v. HardenSupreme Court of Arkansas · 1884
- Niagara Fire Insurance v. BoonSupreme Court of Arkansas · 1905
- Crutcher v. TrabueCourt of Appeals of Kentucky · 1837
- Wilkinson v. FlowersMississippi Supreme Court · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rankin v. MorganSupreme Court of Arkansas · 1937
- Sewell v. UmstedSupreme Court of Arkansas · 1925
- McKewen v. AllenSupreme Court of Arkansas · 1906
- Beckham v. CaytonCourt of Appeals of Texas · 1924
- Pierce v. PierceSupreme Court of Arkansas · 1963