Holiman v. Hance
Supreme Court of Arkansas
Appeal from Grant Circuit Court in Chancery. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. On the 5th day of January, 1883, appellants executed under seal, acknowledged and delivered to Nancy Hance, appellee’s intestate, an instrument expressed in the following language, to-wit: “This indenture, made and entered into on this 5th ■day of January, A. D. 1883, between Elijah Holiman and Nancy Holiman, his wife, of the county of Grant and State of Arkansas, of the first…
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Appeal from Grant Circuit Court in Chancery. Alexander M. Dueeie, Judge. STATEMENT BY THE COURT. On the 5th day of January, 1883, appellants executed under seal, acknowledged and delivered to Nancy Hance, appellee’s intestate, an instrument expressed in the following language, to-wit: “This indenture, made and entered into on this 5th ■day of January, A. D. 1883, between Elijah Holiman and Nancy Holiman, his wife, of the county of Grant and State of Arkansas, of the first part and Mrs. Nancy Hance, of the State of Arkansas and county of Grant, of the second part, witnesseth: That the said…
1Opinion of the Court
Bunn, C. J.,
(after stating the facts). The determination of this case turns on the application of the statute of limitations to the facts. These facts show that there is no separate writing evidencing the debt. secured by the mortgage, and also that, by reason of the payments and credits made by and given to the mortgagor on the debt secured, the statute of limitations, as from a new point, began to run on the 20th October, 1887 ; and this suit to foreclose was instituted on the 23d July, 1892, — the statute having run during the intervening time, to-wit: five years, four months and three…
2Cases cited7 opinions
- Kimball & Kiniston v. HuntingtonNew York Supreme Court · 1833
- Elder v. RouseNew York Supreme Court · 1836
- Scott v. FieldsSupreme Court of Pennsylvania · 1838
- Brown v. CascadenSupreme Court of Iowa · 1876
- Shelden v. ErskineMichigan Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coleman v. FisherSupreme Court of Arkansas · 1899
- Huff v. Lynde-Bowman-Darby Co.Supreme Court of Oklahoma · 1918