Magnolia Mining Company Et Al Vs Mono Mining Company Appeal From Commissioner
Magnolia Mining Company Et Al Vs Mono Mining Company Appeal From Commissioner
Halbert Eleazur Paine
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" Under a statute so worded, obviously an action cannot be commenced before the twenty years begin to run, or after they end. But the reason why it cannot be com- menced before the term begins, is altogether different from the reason why it cannot be commenced after the term ends. It is the prohibition of the statute which cuts off an action after the term ends. But it is the nature of the case, the want of a cause of action, which cuts it off before the term begins. In ancient statutes of limi...tation the phraseology was often different. For illustration, the statute 32 Henry VIII, chapter 2, enacted A. D. 1540, con- tains this provision : "No ]>erson or persons shall sue, have, or maintaine any action for any manors, lands, tenements, or other heredita- ments, of, or upon, his, or their, own seizin above 30 years next before the teste of the originall of the same writ to be brought, " &c. In this statute the period is measured backward from the commencement of the action to the time when the right of action accrued, and if it exceeds thirty years the action cannot be commenced.
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