Summary

Portrait of John Marshall John Marshall M'Iver v. Ragan — Opinion of the Court

The possession of the defendants being of lands, not within the Indian territory, and being in itself legal, no reason exists, as connected with that possession, why it should not avail them and perfect their title as intended by the act.
The claim of the plaintiffs to be excepted from the operation of the act is founded, so far as respects this point, not on the character of the defendants' possession, but on the impediments to the assertion of their own title.
Source: Wikisource

Portrait of John Marshall John Marshall M'Iver v. Ragan — Opinion of the Court

The jury found a verdict for the defendants, or which a judgment was rendered, and the cause was brought before this court by writ of error.
Mr. Swann and Mr. Campbell, for the plaintiffs in error and in ejectment. 1. Statutes of limitations, all over the world, except certain cases of a peculiar nature from their operation; and the impediment in this case is analogous to the exceptions expressly provided. The case of civil war interrupting all the proceedings in courts of justice is not stronger than the present; the omission in the statute ought therefore to be supplied by judicial equity.
Source: Wikisource

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