Archer v. Jones
Mississippi Supreme Court
■ On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. Samuel Jones and wife filed their bill against Richard Archer et al. in the superior court of chancery.
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■ On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. Samuel Jones and wife filed their bill against Richard Archer et al. in the superior court of chancery. The bill states that Stephen Cocke died in Amelia county, Virginia, in 1794, having first duly made his will, which was recorded 22d January, 1790. By a decree rendered in October, 1803, Jane Segur Cocke, widow of testator, had one third of lands and slaves allotted to her as dower; all persons interested in Stephen’s estate were parties to that decree. Jane Segur has lately died, possessed of lands and slaves…
1Opinion of the CourtJustice Handy
Several grounds have been taken here jn support of the demurrer to the bill in this case', and are assigned for error in overruling the demurrer in the court below. The substance of them is embraced in the positions which we will proceed to notice.
*587First. The complainants’ claim is alleged to be bound by-lapse of time, and in virtue of the principle of the statute of limitations.
The demurrer here is general, the question of limitation not being specially raised by it. A defendant certainly has a right to rely upon the defence of limitation in his demurrer. But we are disposed to hold, that…
2Cited by3 opinions
- Wood v. FordMississippi Supreme Court · 1855
- Dolan v. TateMississippi Supreme Court · 1931
- Clark v. Trustees of Jefferson CollegeMississippi Supreme Court · 1881