Batte v. McCaa
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. The demurrer to the first plea was properly sustained.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. 1. The demurrer to the first plea was properly sustained. Holland v. Moon, 39 Ark., 121. 2. The statute of limitations does not commence to run against a married woman until after discoverture. 39' Ark., 358; 1$ 1 b., 305. While this court, in 1$ Ark., 305, ruled that the statute-of limitations did not run agains* a married woman until after “ discoverture,-” we think the court fell into error by overlooking see. 1¡,130 Gantt's Digest, which reads “ after such disabilities may be removed.” See on this point 93 U. S., 67k 51…
1Opinion of the CourtSmith, J.
This ejectment for an undivided half of' 637 67-100 acres of land was brought in the year 1882. The plaintiffs claimed title by inheritance from their mother, to whom her father had, by deed of gift executed in 1852, conveyed that interest in the lands. The complaint averred that the said donee was, at the date of the execution' of said conveyance, the wife of Thomas Batte and so continued to be until his death in September, 1881, and that she died in October of the same year.
The answer did not traverse any of these allegations, but pleaded by way of confession and avoidance first, that Mrs.…
2Cited by4 opinions
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
- Rowland v. McGuireSupreme Court of Arkansas · 1900
- In re SuckleDistrict Court, E.D. Arkansas · 1910