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8 Ark. 101

Taylor v. Kelly

Supreme Court of Arkansas

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

This ivas a petition to foreclose a mortgage upon land, filed under the statute, by Taylor & Paulding against Hardy Kelly, in the Carroll circuit court.

Decided 1852-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2This case is within the principle enforced in the case of Denning v. Kelly, 4 Eng. 435. The defendant having pleaded a plea of a subsequent order or division, lost the privilege of all pleas comprehended in any prior order or division. The motion to strike it out ought to have been granted.

¶3The judgment must be reversed, and the cause remanded.

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