Power v. Telford

Citations

• 60 Miss. 195

Syllabus

<p>1. Replevin. Limitation of actions. Effect of Code of 1880 on •pre-existing rights of action.</p> <p>The Code of 1880, in limiting the time in which an action of replevin may be brought to six years next after the accrual of the right of action, had the effect of extending the limitation as to pre-existing causes of action from one year, as prescribed in the Code of 1871, to six years, from the time the right of action accrued, in all cases where , detinue, trover, or any other action might have been brought at the time that Code became operative.</p> <p>2. Limitation of Actions. Lost remedies restored. Legislative power.</p> <p>It is not within the power of the Legislature to so alter a Statute of Limitations as to divest a perfect title to property acquired by limitation; but as long as there remains to the owner any remedy for the recovery, it is competent for the Legislature to give him additional remedies or to restore old ones lost by lapse of time.</p> <p>3. Replevin. Property received in exchange.</p> <p>Replevin cannot be maintained for a horse received by the defendant in exchange for one belonging to the plaintiff.</p>