Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 30

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 30

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 edition. Excerpt: ...are the only exceptions made by the statute, nor is there anything in the language of the statute, from which, by any fair construction, any other exceptions may be inferred. Cartwright went into possession on the lst of January, L858, under his purchase, and from that time until the 31st October, 1868, a period of ten years and ten months, continued in peaceable, adverse, uninterrupted possession. To avoid the effect of this, the defendants claim that the statute bar did not run during the time between the proclamation of war by President Lincoln, on the 27th of April, 1861, and that of President Johnson at the close of the late war, on the 2d of April, 1866, and that deducting this time from the ten years and ten months, the seven years had not expired on the 31st October, 1868. We have seen that the statute makes no such exception, and in the case of Bennett v. Worthington, 24 Ark., 487, we held that when the statute made no exception we could make none. But in a later decision of this court, rlletropolitan Bank v. Gordon, the case of Bennett v. lVortlu'ngto'n was overruled, upon the authority of Itlanger v. Abbott, 6 VVallace, 631; 11 Wallace, 244, 493; and 15 Vallaee, 111. In none of these decisions is there a single authority cited to sustain them. They are distinctly placed upon the ground that intercourse was prohibited between the belligerent States in time of civil war, and that as between belligerents, the international laws of war should prevail. In all of these cases, the suits, except that of United States v. Wiley, 508; and Levy v. Stewart, 244; were between the loyal States of the one party and the rebel States of the other, and fixed as the period of the statute bar, the dates of the proclamations, declaring war and more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • United States
  • English
  • black & white illustrations
  • 1236918479
  • 9781236918475