Lessee of Ford v. Langel
Lessee of Ford v. Langel
Opinion of the Court
It appears from the agreed statement of facts, upon which this cause is submitted to the court, that the lands in controversy were patented to the heirs of John Dodge, on the 12th of July, 1802. These heirs were five in number, one of whom, Theo
^Without going at length into the reasons which bring us-to the conclusion, wo are all of opinion, that the first of these positions- is not well taken, and that the grantee or heir of one protected from the operation of the statutory bar, is entitled to the full benefit of that protection, and may bring a suit within the same time, and to the same effect, as though no change of ownership had oc-curred, and the suit was prosecuted in the name and for the benefit of the original owner. To hold otherwise, would be to deprive infants, insane persons, and femes covert of much of the benefit the statute was designed to afford, and would be utterly subversive of the well-established principle, that as against such persons, the-statute does not begin to run, or to have any effect upon their interests, during the continuance of the disability. Such interests, therefore, pass to the heir or purchaser, wholly unaffected by any lapse of time that.may have run, while the owner was without the provisions of the statute.
But in the case of Thompson’s Lessee v. Green, we have stated our reasons fully for holding that an action can not be maintained,
Judgment must be entered for the defendant.
Reference
- Full Case Name
- Lessee of Adam C. Ford v. Henry Langel
- Status
- Published