U.S. Supreme Court
Allen v. Smith, 129 U.S. 465 (1889)
Allen v. Smith
Submitted February 15, 1888
Decided March 5, 1889
129 U.S. 465
APPEAL FROM THE CIRCUIT COURT OF THE UNITED
STATES FOR THE EASTERN DISTRICT OF ARKANSAS
In a suit in equity brought by a judgment creditor to set aside as fraudulent another judgment against the debtor and the sale thereunder to the plaintiff in the latter of land of the debtor, it was held that the burden of proof was on the plaintiff, and that the latter judgment had not been successfully impeached.
The plaintiff could not avail himself of the objection that the debtor did not plead the statute of limitations to a part of the claim in the suit which resulted in the latter judgment; the debtor was at liberty to waive the plea, and there was sufficient in the relations of the parties and in the circumstances of the case to warrant him in doing so.