Beresford v. Marble
Beresford v. Marble
Opinion of the Court
delivered tbe opinion of tbe court.
We think it is clear in tbis case tbat tbe complainants in tbis bill might bave brought ejectment for tbe land against tbe tenants in possession, under Code .1892, § 1626, Code 1906, § 1801, and tbat, tbat remedy being open, tbe statute of limitations did run against their claim, and tbat they are barred. Tbis was distinctly held in Lindenmayer v. Gunst, 70 Miss. 693, 13 South. 252, 35 Am. St. Rep. 685, and tbis particular bolding was approved in Robinson v. Moore, 76 Miss. 100, 23 South. 631. Tbe cases cited in tbe very able brief óf tbe learned counsel for appellant were cases relating to personal actions, and tbis statute could not be invoked in those cases, because- there never bad been, as to tbe personal action, inability on tbe part of tbe plaintiff to sue tbe defendant in such personal suit. Tbat is
The decree is affirmed.
Reference
- Full Case Name
- Frank Beresford v. Oliver Marble
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Limitation op Actions. Suits for recovery of %and. Exception to statute. Absence from state. Code 1892, § 2748, Code 1906, § 3108. Code 1892, § 2748, Code 1906, § 3108, providing that the statutes of limitation shall not run in favor of a party during his absence from the state, is not applicable to a suit, at law or in equity, for the recovery of lands.