Wilkins v. Philips
Ohio Supreme Court
This was a writ of error to a decree in chancery pronounced by the court of common pleas of Delaware county, on March 10,1818. The writ was issued February 17, 1826. The plaintiffs in error were the same persons against whom the decree was pronounced, as heirs at law of John Wilkins,, deceased, and were numerous.
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This was a writ of error to a decree in chancery pronounced by the court of common pleas of Delaware county, on March 10,1818. The writ was issued February 17, 1826. The plaintiffs in error were the same persons against whom the decree was pronounced, as heirs at law of John Wilkins,, deceased, and were numerous. The defendant in error pleaded three several pleas in bar, which were in substance the same, and presented the fact that more than five years had elapsed between the rendition of the decree and the emanation of the writ of error. To each of these pleas, the plaintiffs in error…
1Opinion of the Court
By the Court :
The case of Marstiller and others v. McLean, 7 Wheaton, 156, was decided upon the authority of the case of Perry and others v. Jackson and others, 4 Term, 516. In the latter case, Lord Kenyon asserts, that it is the first time the question had been brought up for decision, whether, where the saving clause of the statute of limitations protected only a part of those joined in the action, all the plaintiffs could claim its protection. It is decided against the protection, but upon grounds by no means satisfactory to us. The case was one of partnership, which, we think, was…
2Cases cited1 opinion
- Bouldin v. Massie's HeirsSupreme Court of the United States · 1822
3Cited by3 opinions
- Pickens v. StoutWest Virginia Supreme Court · 1910
- Trimble v. LongworthOhio Supreme Court · 1862
- State v. RistySouth Dakota Supreme Court · 1927