DUPRE V. MANSUR, 214 U. S. 161 (1909)

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U.S. Supreme Court

Dupre v. Mansur, 214 U.S. 161 (1909)

Dupre v. Mansur

No. 14

Argued April 6, 7, 1909

Decided May 17, 1909

214 U.S. 161


Where it is established law of a state, as it is of Texas, that, when a debt is barred by limitations, an action to foreclose a lien or mortgage given as security for it is barred also, the law must be enforced in the courts of the United States, whether sitting in law or in equity. Whether or not the statute of limitation bars a suit to foreclose is a question of substantive law, created by the state and not by the United States, and not one of procedure or jurisdiction, and the federal court should be governed by the decisions of the state where the land lies. Slide & Spur Mines v. Seymour, 153 U. S. 509. The federal courts cannot declare it wrong or inequitable for a debtor to rely upon a state statute of limitations, as that would be to declare wrong or discreditable what the legislature of the state declares to be right.

The facts are stated in the opinion. chanrobles.com-red

Page 214 U. S. 164


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