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Miguel Davila, Plaintiff in Error, v. David Mumford and Jesse Mumford U.S. 214 (1861)

handle is hein.slavery/ussccases0422 and id is 1 raw text is: SUPREME COURT. Davila v. Yiumford et al. and R., 290, in Pennsylvania; Vaughan v. Phebe, Martin and Y. R.,. 6, in Tennessee; Chancellor v. Milton, 2 B. Monroe's R., 25, in Kentucky. In Maryland, no dea-ision is found on the subject. In the next place, the record operateson the status'of the person; it sets him free or-pronounces him a slave, and binds him by the verdict either way. Shelton v. Barbour, 2 Wash. Va. R., 82.. In some of the States, the suit may be in equity, and the status of freedom be established bya decree. Fisher'snegroes v..Dobbs e t al., 6 Yerg., 119; Reuben .v. P araish, 6 Hum- phrey's R., 122. It is ordered that the judgment of .the Circuit Court be re- versed, and the cause remanded for another trial.- MIGUEL DAVILA, PLAINTIFF IN ERROR)' V: DAVIDMUMOBD AND JESSE- MUNFORD. The statute of limitations of Texas provides in its. fiteenth sectiorl, that every suit to be. instituted to recover real estate, as against 'im, her, or them, in possession under title or color of title, shall be instituted- within three years next after the cause of action shall have accrued, and not afterwards; but in - this limitation is not to be computed the duration of disability to sue from the minority, coverture, or insanity of him, her, or them, having cause of iaetion. By the term title, as used in this section, is meant a regular chain of transfer from or under the sovereignty of the soil; and color of title is, con- stituted by a consecutive chain of such transfer down to him, her, or them,-in possession, without being regular; as if one or more of the memorials or muniments be not registered, or not duly registered, or be only in writing, jr such like defect as may not extend to or'include the want of intrinsic fairness and honesty; or when the party in possession shall hibld the saine by a' certificate of head-right, land warrant, or land scrip, wi h a chain of transfer down-to him, her, or them, ir possession; and provided, that this section shall not bar the right of the Government. &nd the sixteenth section provides, that he, she, or they, who shall have had five year like peaceable possession of real estate, cultivating, using, or enjoy: ing the same, and paying tax thereon, if any, and claiming under a deed or deeds'duly registered, shall be held to have full title, precluding all claims. but shall not bar the Government; and, saving to the person 6r persons hav

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