Sturdivant v. Cook
Supreme Court of Arkansas
■ Appeal from Howard Chancery Court; James D. Shaver, Chancellor; 1. The plea of limitation is personal to the debtor. If he elects to waive it, or for any reason refuses or neglects to claim its benefits, a stranger will not be heard to. complain, 45 W. Va. 620; 44 W. Va. 229; 71 Ark. 302. 2. As to the litigation between appellee, Mrs. Cook, and W. A. J. Sturdivant, not having been a party to that suit, J. S. Sturdivant was not bound by anything decided therein. ’ 13 Ark.…
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■ Appeal from Howard Chancery Court; James D. Shaver, Chancellor; 1. The plea of limitation is personal to the debtor. If he elects to waive it, or for any reason refuses or neglects to claim its benefits, a stranger will not be heard to. complain, 45 W. Va. 620; 44 W. Va. 229; 71 Ark. 302. 2. As to the litigation between appellee, Mrs. Cook, and W. A. J. Sturdivant, not having been a party to that suit, J. S. Sturdivant was not bound by anything decided therein. ’ 13 Ark. 214; 17 Ark. 203; 54 Ark. 273; 60 Ark. 369; 64 Ark. 330; 65 Ark. 278; 66 Ark. 305; 75 Ark. 524. The heirs of J. S.…
1Opinion of the CourtMcCulloch, J.
This is a suit in equity instituted by J. B. Sturdivant, W. A. J. Sturdivant, J. S. P. Sturdivant, Nancy J. Morphew and Arminnie McCarley, children and heirs at law of J. S. Sturdivant, who died intestate on April 10, 1904, against Katie J. Cook and certain other persons to enforce a lien on lands in which the defendants claim an interest.
The facts set forth in the pleadings and established by the evidence are substantially as follows:.
The lands in controversy were purchased by J. B. and W. A. J. Sturdivant in the year 1891 from one Reed, and were paid for with money borrowed from their…
2Cases cited15 opinions
- Godden v. KimmellSupreme Court of the United States · 1879
- Abraham v. OrdwaySupreme Court of the United States · 1895
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
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3Cited by5 opinions
- Kelly v. WeirDistrict Court, E.D. Arkansas · 1965
- Reese v. BruceSupreme Court of Arkansas · 1918
- Walter v. AdamsSupreme Court of Arkansas · 1919
- Harrison v. Caddo Valley BankSupreme Court of Arkansas · 1917
- Sturdivant v. McCorleySupreme Court of Arkansas · 1907