BILLINGSLEY v. PRUITT

No. 5-995.

291 S.W.2d 498 (1956)

Ida BILLINGSLEY, Appellant, v. H. A. PRUITT et al., Appellees.

Supreme Court of Arkansas.

June 18, 1956.


Attorney(s) appearing for the Case

Chas. F. Cole, Batesville, for appellant.

W. D. Murphy, Jr., Batesville, for appellees.


GEORGE ROSE SMITH, Justice.

This suit was brought by the appellant, Ida Billingsley, to foreclose a mortgage upon certain lots in Batesville. The cause of action is admittedly barred by limitations, but the original mortgagors did not interpose that defense. The statute was pleaded, however, by the principal appellee, W. F. Armstrong, and the only question in the case is whether Armstrong is entitled to rely upon the defense of limitations. The chancellor upheld Armstrong...

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