Summary

Joseph McKenna Davis v. Coblens — Opinion of the Court

More than 20 years elapsed after Tracenia's right accrued, as we have seen, before suit was commenced, and more than 10 years of that time accured after her death and that of her husband. She died under disability, but that made no difference. By the terms of the statute the time of limitation of suit commenced to run upon her death against her heir, Lucy T. Davis, and expired in 10 years. No disability of Lucy T. Davis, if she was under any, arrested the running of the statute. Cumulative disabilities cannot be used to that effect.
Source: Wikisource

Joseph McKenna Davis v. Coblens — Opinion of the Court

Pl. & Prac. 316, and cases cited. This seems to have been the practice in the District of Columbia, and, so far as we are advised, has never been questioned. Tenants in common may join in an action if they prefer to do so, but it is with the risk of the failure of all if one of them fail to make out a title or right to possession.'
These remarks express the rule correctly.
It was urged at the argument by defendants in error, though not claimed in their brief, that neither Tracenia Latimer nor Elizabeth McCormick were under disability at any time during the period of adverse possession.
Source: Wikisource

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