SMITH v. McNEAL


109 U.S. 426 (1883)

SMITH and Another v. McNEAL and Another.

Supreme Court of United States.

Decided November 26th, 1883.


Attorney(s) appearing for the Case

Mr. Samuel Shellabarger for plaintiffs in error.

Mr. P. Phillips for defendants in error.


MR. JUSTICE WOODS delivered the opinion of the court.

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...

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