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Dupre v. Mansur, 214 U.S. 161 (1909)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Dupre v. Mansur, 214 U.S. 161 (1909)
Dupre v. Mansur No. 14 Argued April 6, 7, 1909 Decided May 17, 1909 214 U.S. 161
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
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. 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. 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.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Dupre v. Mansur, 214 U.S. 161 (1909) in 214 U.S. 161 214 U.S. 164. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=3DGBC67F62DY872.
MLA: U.S. Supreme Court. "Syllabus." Dupre v. Mansur, 214 U.S. 161 (1909), in 214 U.S. 161, page 214 U.S. 164. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=3DGBC67F62DY872.
Harvard: U.S. Supreme Court, 'Syllabus' in Dupre v. Mansur, 214 U.S. 161 (1909). cited in 1909, 214 U.S. 161, pp.214 U.S. 164. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=3DGBC67F62DY872.
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