Smith v. McNeal
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. December 3lst, 1873, tlie plaintiffs in error brought suit against defendants in the Circuit Court of the United States for the Western District of Tennessee to recover forty acres of land.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TENNESSEE. December 3lst, 1873, tlie plaintiffs in error brought suit against defendants in the Circuit Court of the United States for the Western District of Tennessee to recover forty acres of land. The declaration described the land and averred that the plaintiffs were possessed thereof, claim ng in fee through a certificate of the United States district tax commissioners, naming them, under an act of Congress, entitled “ An Act for the collection of taxes in insurrectionary districts within the United States…
1Opinion of the CourtJustice Woods
The question presented by the record is the sufficiency of the plaintiffs’ replication, to the defendants’ plea of the seven years’ statute of limitation. ■
The limitation relied on by defendants is that prescribed by article 2765 of the Code of'Tennessee, which is as follows:
“No person, or any one claiming under him, shall have any action, either at law or in equity, for any lands, etc., but within seven years after the right of action has accrued.”
The plaintiffs in error contend that their ‘present action is saved from the bar of this statute by the provision of article' 2755 of the Code,…
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