BERKLEY v. RICE

No. 4-9370.

236 S.W.2d 714 (1951)

BERKLEY et al. v. RICE.

Supreme Court of Arkansas.

February 26, 1951.


Attorney(s) appearing for the Case

John J. Cravens, Ozark, for appellants.

David L. Ford, Fort Smith, Mark E. Woolsey, Ozark, for appellee.


GRIFFIN SMITH, Chief Justice.

The controlling issue is whether the indorsement on a note showing, prima facie, that $100 had been paid, tolled the statute of limitation, thus entitling the holder to a lien on certain lands for the purchase price. It was stipulated that unless the note were barred the realty should be charged with the obligation.

A. E. Rice, plaintiff below and appellee here, was a brother of Mrs. Lydia Berkley, who died in November...

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