Gannon v. Moore
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George M. Chapline, Judge; x. Where an amendment introduces a new cause of action, the statute of limitations runs against it up to the time of filing.
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Appeal from Monroe Circuit Court; George M. Chapline, Judge; x. Where an amendment introduces a new cause of action, the statute of limitations runs against it up to the time of filing. Therefore, when, on April 26, appellees filed a new complaint claiming the land, not as heirs of H. H. Moore, but solely as heirs of Julia Ann Moore, this action was barred. 17 Ark. 608; 14 Ark. 199; 23 Ark. 510; 59 Ark. 444; 158 U. S. 292; 95 Ted. 309; 6 Pet. 61; Id. 120; 5 C. C. A. 557; 14 C. C. A. 469. The running of the statute is not stopped by the filing of the complaint alone. Process must also be…
1Opinion of the Court
Riddick, J.,
This is an action of ejectment to recover 160 acres of land in Monroe County. Two- of the plaintiffs are children and heirs of H. H. Moore and Julia Ann Moore, his wife; the other plaintiffs claim by mesne conveyances from the two other children of H. H. Moore and 'his wife.
The evidence show-s that H. H. Moore and his wife, Julia Ann Moore, were the owners of this land as tenants by entireties; they having purchased it in 1871 from W. H. Dinkins, who conveyed it to them jointly. Moore and -his wife with their ■children occupied the land as a homestead up to the time of their…
2Cases cited11 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Kessinger v. WilsonSupreme Court of Arkansas · 1890
- Dickinson v. HardieSupreme Court of Arkansas · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Davis v. NealSupreme Court of Arkansas · 1911
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Champion v. WilliamsSupreme Court of Arkansas · 1924
- Moore v. WilsonSupreme Court of Arkansas · 1929
- Black v. BrownSupreme Court of Arkansas · 1917
21 more not listed; retrieve them via the Exa API.