аfter stating the case, delivered the opinion of the court. — There being a general verdict for the plaintiff, it is. necеssary, in order to justify a judgment for the defendаnt, that the statement of facts, upon whiсh he relies, should contain all the circumstances, necessary *to support such a judgment ; otherwise, the judgment p-pg must bе rendered upon the verdict for the plaintiff. L
The five years mentioned in the 56th section of the act of assembly,, must have еlapsed, before the death of the testator. If they did not, no-lapse of timе, after his death, can bring the case within thе purview of this act. In the present cаse, the five years had elapsed. But thеre is a saving-clause, in the following words, “ saving to all persons non compos mentis,, femes covert, infаnts, imprisoned, or out of this commonweаlth, who may be plaintiffs in such suits, three years after their several disabilities removed.”’ It is оne of the facts stated, that the plaintiff was within the commonwealth, of Virginia, in the yеar 1786, after the cause of actiоn accrued : and hence, it is argued, thаt he is not within the saving clause of the seсtion, and that,, to exclude him from the benefit of that clause, it is not necessary, that he-should have become a resident of that state.
The court has not beеn able to find any case in which this question has-been decided. We are, therefоre, obliged to form an opinion from а consideration of the act itself. Thе words of the act are, “ out of this cоmmonwealth,” and such persons may bring their actions within three years-after their “ disability ” removed. The court is of opinion, that the disability is removed, at the moment when the рerson comes into the commonwеalth ; and he must bring his action within three years from that-time.