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57 Miss. 818

McLaughlin v. Spengler

Mississippi Supreme Court

Decided April 15, 1880

Mississippi Supreme Court · decided 1880-04-15

Hon. E. G. Peyton, Chancellor. The appellant gave his promissory note, secured by mortgage, to one Smith, by whose indorsement it subsequently passed to the appellee, who was then and is now a married woman, and to whom the appellant indorsed upon the note a new promise. The defence of the Statute of Limitations to the foreclosure bill was disallowed upon the ground of the appellee’s coverture.

Cited by 1 later decisions — most recently March 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1880-04-15

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Campbell, J.,

¶1delivered the opinion of the court.

¶2The new promise was made to Mrs. Spengler, a married woman at the time of the promise, and who continued such, and. was a married woman at the time of exhibiting her bill. The Statute of Limitations did not run against her after the new promise. This is the express provision of Code 1871, § 2156, and we are not authorized to disregard it or explain it away, however decided may be the conviction that, with the investiture of married women with all the rights of property and remedies possessed by persons sui juris, they should not have been included among those saved from the bar of the statute for the limitation of actions. We have examined the cases cited by counsel from the reports of decisions in other States on this subject, but feel bound by the unmistakable statutory declaration that persons under coverture shall not be subject to the operation of the Statute of Limitations. This is part of the code of statutes which confers rights and remedies on married women, and can no more be ignored or set aside than can that part of the Code which declares their rights and remedies. Decree affirmed.

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