Dupree v. Mansur

Citations

• 214 U.S. 161
• 29 S. Ct. 548
• 53 L. Ed. 950
• 1909 U.S. LEXIS 1901

Syllabus

<p>Where it is established law of a State, as it is of Texas, that when a debt is barred by limitations an action to foreclose a lien or mortgage given as security for it is barred also, the law must be enforced in the courts of the United States, whether sitting in law or in equity.</p> <p>Whether or not the statute of limitation bars a suit to foreclose is a question of substantive law, created by the State and not by the United States, and not one of procedure or jurisdiction; and the Federal court should be governed by the decisions of the State where the land lies. Slide & Spur Mines v. Seymour, 153 U. S. 509.</p> <p>The Federal courts cannot declare it wrong or inequitable for a debtor to rely upon a state statute of limitations, as that would be to declare wrong or discreditable what the legislature of the State declares to be right.</p>