Simmons v. . Ballard

DAVIS, J. (dissenting). The statute, Rev. Code, ch. 65, sec. 19, is plain, and there is no room for construction; it says nothing about an actual possession being essential to the prescribed effect of the lapse of time. Where there is no actual possession the constructive possession follows the legal title, and was in the mortgagee in this case, who held the land, by virtue of such title and possession, for more than ten years after the right to redeem accrued. Under this state of facts the statute barred plaintiff's right of redemption. This action was begun on 30 August, 1883, and the…