Tippin v. Coleman

Mississippi Supreme Court April 15, 1884

Tippin v. Coleman, 61 Miss. 516 (Miss. 1884)

Campbell

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

The evidence shows that Mrs. Tippin was born in June, 1846, and married in February, 1868, and that Mrs. "Walton, the life tenant, died in the fall of 1867. Mrs.-Tippin was under no disability when the life estate ended, and the right of action to pursue the money accrued then, and the statute of limitations then commenced to run and was not stopped .by her subsequent maiv riage, and as the suit is barred as. to one of the complainants having a joint right it is barred as to all. Jordan v. McKenzie, 30 Miss. 32; Anding v. Davis, 38 Miss. 574. The suggestion of fraudulent concealment of the cause of action so as to prevent the bar of the statute is not sustained.

Affirmed.

Reference

Full Case Name: John B. Tippin v. George C. Coleman
Cited By: 5 cases
Status: Published
Syllabus: 1. Limitation op Action. Subsequent disability. The statute of limitations having once begun to run against a party is not stopped by a subsequent disability. 2. Same. Joint came of action. When haired as to all. When several have a. joint cause of action and the statute begins to run as to one not under disability when the cause of action accrues, it runs as to all, and one being barred all are barred. Jordan v. McKenzie, 30 Miss. 32; Anding v. Davis, 38 Miss. 574. 3. Same. Case in judgment. T. and others were entitled to an estate upon the death of the life tenant. When the life tenant died T. was under no disability but shortly afterward married. Thirteen years intervened between death of life tenant and suit by T. Held, that the statute began to run as to T. on the death of the life tenant and was not stopped by the subsequent marriage, and that T. being barred the others were barred.