Walker v. Peay
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Hon. Hulbert F. Fairchild, Chancellor. The statute of limitations, to which Walker and wide are entitled, is that oí five years to a purchaser at a judicial sale; and there was not only a claim of title but an actual possession continued more than five years after the sale, and before the filing of the bill.
Read the full summary
Appeal from Pulaski Chancery Court. Hon. Hulbert F. Fairchild, Chancellor. The statute of limitations, to which Walker and wide are entitled, is that oí five years to a purchaser at a judicial sale; and there was not only a claim of title but an actual possession continued more than five years after the sale, and before the filing of the bill. And, even were it true that the provision under the head of Limitation (Dig. p. 699, sec. 24,) providing that “if any action shall be commenced within the times respectively prescribed in this act, and the plaintiff therein suffer a non suit,” But the…
1Opinion of the Court
Hon. Harris Flanagin,
Special Judge, delivered the opinion of the Court.
The trustees of the Real Estate Bank, on the sixth day of August, 1851, filed their bill in chancery, in which they charge: That on the fourth day of August, 1837, William Cummins executed a mortgage as a stockholder in the Real Estate Bank, in the usual form, on the north fractional half of section 33, and the south west fractional quarter of section 28, in township two north of range twelve west, which was acknowledged and recorded October twenty-third, A. D. 1839. Cummins died April 7th, 1843.
In December, 1843, the…
2Cases cited2 opinions
- Elliott v. PearceSupreme Court of Arkansas · 1859
- Shell v. MartinSupreme Court of Arkansas · 1857
3Cited by11 opinions
- Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
- Patterson v. McKaySupreme Court of Arkansas · 1939
- Union Cent. Life Ins. v. SkipperCourt of Appeals for the Eighth Circuit · 1902
- Hall v. HurdSupreme Court of Kansas · 1888
- Lubin v. Crittenden Memorial HospitalSupreme Court of Arkansas · 1986
6 more not listed; retrieve them via the Exa API.