Cullins v. Webb

This appeal raises the question of the effectiveness of limitations and laches when pleaded by a demurrer to the complaint.

On September 8, 1943, appellant filed this suit in the Sebastian chancery court against Nancy J. Webb and the appellee, Yiola Earle Rigney. The amended and substituted complaint, omitting caption and prayer, was as follows:

“Comes the plaintiff and for her amended and substituted complaint, herein, states that she is the child and sole surviving heir-at-law of James G. Webb, deceased, by his first marriage and that the defendant, Nancy J. Webb, is his widow, and stepmother…