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MARSTELLER V. MCCLEAN, 11 U. S. 156 (1812)

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Marsteller v. McClean, 11 U.S. 7 Cranch 156 156 (1812)

Marsteller v. McClean

11 U.S. (7 Cranch) 156


In order to avoid the plea of the statute of limitations to an action by joint tenants, it is necessary to show that all the plaintiff's were under a disability to sue.

It is a rule of pleading that a replication should contain of itself a full and complete answer to the bar, and that a joint plea, which is bad, affects with its consequences all the parties joining in it.

It seems to be a settled rule that all the plaintiffs must be competent to sue, otherwise the action cannot be supported. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 11 U. S. 157

This was an action of trespass for mesne profits after a recovery in ejectment by the present plaintiffs against the present defendant, who pleaded the statute of limitations, to which the plaintiffs replied in substance that Christiana, the wife of one of the plaintiffs, and Elizabeth, the wife of another of the plaintiffs, in whose rights they sue, "were femes covert when the cause of action accrued, and have ever since continued femes covert" -- and "that Kitty Hunter," one of the plaintiffs, "was a feme covert," and that the other plaintiffs, in whose right the suit was brought, were infants at the time the cause of action accrued and also at the commencement of the action. To this replication there was a general demurrer and joinder, on which the court below rendered judgment for the defendant. chanroblesvirtualawlibrarychanroblesvirtualawlibrary

Page 11 U. S. 158

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