Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 33

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 33

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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. 1880 edition. Excerpt: ... below as resulted from the cross-bill, will be adjudged against the defendant Phelps. NON'-CLAIM: Statute of did not run during the war. The statute of non-claim has all the attributes and characteristics of a statute of limitations and did not run during the war. APPEAL from Sevier Circuit Court. Hon. L. J. JOYNER, Circuit Judge. Compton, for appellant. Gallagher (E Newtoaz and Rose, contra. EAKIN, J.: It appears from the record in this case, which incorporated an agreed statement of facts, used in the court below upon trial, that on the 5th day of January, 1861, Bcnj. E. Williamson with others, executed a note under seal, whereby he bound himself, on or before the first day of April next thereafter, to pay George and M. E. Williamson, guardians, etc., $6,961.23. He died on the 21st day of February, 1863, and on the 3d day of April, 18133, the Probate Court of Sevier county granted letters of administration upon his estate to J. D. Bellah and Eliza Williamson. The payees of the note were at the time of its execution, and have since continued to be, residents of the State of North Carolina, which was in and a component part of the Confederate States during the war. During the year 1863, and on to the close of the war, the Mississippi river was block-aded by the United States forces; but citizens of the Confederate States did actually pass 'and repass frequently. On the 7th day of June, 1866, the defendant, McCrary, was by said Probate Court duly appointed administrator de bonis non of said estate; and on the 5th day of July, 1867, this claim, duly verified, was presented to him for payment, and by him disallowed. It had never been presented earlier to either administrator. Upon application to the Probate Court it was allowed, more

Product details

  • Paperback | 266 pages
  • 189 x 246 x 14mm | 481g
  • United States
  • English
  • black & white illustrations
  • 1236792505
  • 9781236792501