United States Supreme Court Cases & Opinions

U.S. Supreme Court

Thorp v. Raymond, 57 U.S. 16 How. 247 247 (1853)

Thorp v. Raymond

57 U.S. (16 How.) 247

Syllabus

The statute of limitations of New York allows ten years within which an action must be brought by the heirs of a person under disability after that disability is removed.

But the right of entry would be barred if an adverse possession, including those ten years, had then continued twenty years, and the right of title would be barred if the adverse possession had continued twenty-five years, including those ten years. Cumulative disabilities are not allowed in the one case or in the other.

Therefore, where a right of entry accrued to a person who was in a state of insanity, the limitation did not begin to run until the death of that person, but began to run then, although the heir was under coverture.

The circumstances of the case are fully stated in the opinion of the Court.

Page 57 U. S. 248