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95 Miss. 461

Beresford v. Marble

Mississippi Supreme Court

Decided March 15, 1909

Mississippi Supreme Court · decided 1909-03-15

From the chancery court of, first district, Hinds county. BEon. G. Garland Lybll, Chancellor. Beresford and others, appellants, were complainants in the court below; Marble and others, appellees, were defendants there. From a decree sustaining the demurrer of the defendants to the bill of complaint and dismissing the suit the complainants appealed to' the supreme court.

Cited by 2 later decisions — most recently February 1958

2 state decisions

Relies on Robinson v. Moore · Lindenmayer v. Gunst

Good law ✅— No negative treatment on recordhow we know

Decided 1909-03-15

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Whiteield, G. T.,

¶1delivered tbe opinion of tbe court.

¶2We 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 *466not true of an action in rem, like the action of ejectment. The court below took this view of the matter, sustained the demurrer to the plea of the statute of limitations," and, the complainants declining to amend, the bill was dismissed.

¶3The decree is affirmed.

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