“ That the intrusion, even of a mere stranger, on lands descended to an infant, constitutes the intruder, ipso facto, a fiduciary possessor, quasi guardian, subject both at law and in equity to all the duties and liabilities of such fiduciary possessor, and utterly incapable of converting his fiduciary possession into a disseisin or adverse possession. ”

“ The statute of 1785 bars the right of entry, unless suit be brought within twenty years next after the cause of action accrues. The savings are 'infancy, coverture, non compos mentis, imprisonment, or not being within the commonwealth at the time the right of action accrued.' And such persons are barred if they do not bring their action within ten years next after their disabilities shall be removed.
Selden took possession of the premises in controversy, claiming them as his own under the deed from Mackay, in the fall of 1787. Prior to that time, his possession was in right of his wife. ”

“ Nothing so much retards the growth or prosperity of a country as insecurity of titles to real estate. Labour is paralyzed when the enjoyment of its fruits is uncertain; and litigation without limit produces ruinous consequences to individuals.' The court therefore approves the Kentucky statutes of limitation. ”

“ In the same case Mr. Justice Brockenborough says, 'If she married after she became of age, her subsequent coverture was not a disability which would obstruct the operation of the statute; and even if she married while yet an infant, we cannot mount one disability on another so as to prevent a continuous obstruction to its operation.' Mr. Justice Tucker says, 'It is true that Rebecca was an infant, but she came of age in 1824, when her disability ceased ”

“ Swann and her children were within the express exceptions of the statute; under the double disability of infancy and coverture.
2. That no disseisin or adverse possession is operated by any length of continued possession, however, hostile may be the new pretence of title under which possession is held over, if the possession were not tortious at its inception, but in subordination to or consistent with the true title.
3. That this is especially true where a husband, who having rightfully come into possession jure uxoris, holds out possession against her heir after descent cast by her death ”

“ In this case, (Taylor v. Horde,) the verdict did not find that the possession was adversary; but it found the facts upon which the court pronounced that the plaintiff's title was barred by the statute. The case seems to have been briefly this. There was tenant in tail with power to make leases for lives, and with remainder in tail to the right heirs of the grantor. The tenant in tail made leases for three lives, and afterwards suffered a common recovery with a view of barring the entail, and cutting off the remainders limited thereupon. ”

“ Doe dem. Lewis v. Barksdale, 2 Brock. 436; Parsons v. McCracken, 9 Leigh. 495. In the last case Judge Parker cites the case of Swann v. Selden, as authority for the same proposition, it having been recognised by Judges Cabell and Brockenborough.
If the plaintiffs are not within the exceptions to the statute, then the question is, whether, supposing them to be under no disability, they are within the principle of the statute; or, in other words, has there been an actual adversary possession in the defendant, and those under whom he claims, for fifteen years before bringing this suit? ”

“ But if he did enter as guardian, that guardianship has been long since terminated and the accounts finally settled. There is no authority to prove that a guardian will not be protected by the statute of limitations after his guardianship has terminated. ”

“ In April, 1794, Jane Byrd Page, with the consent of her guardian, she being under twenty-one years of age, married Thomas Swann; and died the 31st October, 1812, leaving seven infant children, her heirs at law. Among others, Mary Scott, one of the lessors of the plaintiff, who, in June, 1818, being under twenty-one years of age, intermarried with John Mercer, one of the lessors of the plaintiff. In 1796, having received from Selden 640, Thomas Swann executed a receipt, fully discharging him as guardian. ”

“ They rest upon sound policy, and tend to the peace and welfare of society. The courts do not now, unless compelled by the force of former decisions, give a strained construction to evade the effect of those statutes. ”