Hunt v. Belknap
Mississippi Supreme Court
From the chancery court of Jefferson county. Hon. William C. Martin, Chancellor. Mrs. Belknap, appellee, was complainant, and Mrs. Hunt and others, appellants, were defendants in the court below The suit was to foreclose a mortgage on Flatland plantation, in Jefferson county, this state, executed in January, 1883, given by Thomas W. Hunt and his wife, the appellant, Mrs; Jeanette Hunt, then residents of this state, to secure a note of said date ■executed by Thomas W. Hunt…
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From the chancery court of Jefferson county. Hon. William C. Martin, Chancellor. Mrs. Belknap, appellee, was complainant, and Mrs. Hunt and others, appellants, were defendants in the court below The suit was to foreclose a mortgage on Flatland plantation, in Jefferson county, this state, executed in January, 1883, given by Thomas W. Hunt and his wife, the appellant, Mrs; Jeanette Hunt, then residents of this state, to secure a note of said date ■executed by Thomas W. Hunt for §12,000, payable at Cincinnati, Ohio, due five years thereafter. It appeared that Hunt and his wife removed to North…
1Opinion of the CourtTerral, J.
Prior to the code of 1880, time elapsed before one liable to suit came into’ this state, was not available to him here in support of the plea of the statute of limitations; and if, after he came here he was absent and resided out of the state, the time *82of such absence was not to be counted in his favor. Code-1857, art. 13, pp. 400-1; code 1871, §2157. By the code of 1880 only the last clause or member of the former article or section Was preserved, while the first part, denying the benefit of time elapsed before coming here, was dropped, so that the effluxion of time, wherever the defendant…
2Cited by3 opinions
- Le Mieux Bros. v. ArmstrongCourt of Appeals for the Fifth Circuit · 1937
- Fisher v. BurkMississippi Supreme Court · 1920
- Anderson v. McNealMississippi Supreme Court · 1903