A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of LimitationsLittle, Brown, 1876 - 710 pages |
From inside the book
Results 1-5 of 69
Page 1
... lapse of time , and under conditions deter- mined by law . Code Civil , Art . 2219. The statute of limitations affects the remedy merely , while prescription affects the right . Billings v . Hall , 7 Cal . 1. ] 4 Co. Litt . 113 . capio ...
... lapse of time , and under conditions deter- mined by law . Code Civil , Art . 2219. The statute of limitations affects the remedy merely , while prescription affects the right . Billings v . Hall , 7 Cal . 1. ] 4 Co. Litt . 113 . capio ...
Page 7
... lapse of time is regarded not only as a dereliction of all grounds of objection , but as a pro- tection against the ingenious attempts to frustrate an unexcep tionable title , by the intromission of claims , the injustice of which ...
... lapse of time is regarded not only as a dereliction of all grounds of objection , but as a pro- tection against the ingenious attempts to frustrate an unexcep tionable title , by the intromission of claims , the injustice of which ...
Page 12
... lapse of time . We refer to the civil wars between the two houses of York and Lancaster , and the struggles in the reign of Henry VIII . in behalf of the doctrines of the Reforma- tion . That reign is , however , distinguished for the ...
... lapse of time . We refer to the civil wars between the two houses of York and Lancaster , and the struggles in the reign of Henry VIII . in behalf of the doctrines of the Reforma- tion . That reign is , however , distinguished for the ...
Page 14
... lapse of time shall amount to the evidence of the transfer of property , or of the performance of a contract , than to take away the one , or dispense with the other . In prescribing the evidence which shall be received in its courts ...
... lapse of time shall amount to the evidence of the transfer of property , or of the performance of a contract , than to take away the one , or dispense with the other . In prescribing the evidence which shall be received in its courts ...
Page 21
... lapse of time had been considered a bar in those courts , stated the effect of them to be , first , that they have ever , upon general principles of their own , even when there was no analogous statutable bar , refused relief to stale ...
... lapse of time had been considered a bar in those courts , stated the effect of them to be , first , that they have ever , upon general principles of their own , even when there was no analogous statutable bar , refused relief to stale ...
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Other editions - View all
A Treatise On the Limitations of Actions at Law and Suits in Equity and ... Joseph Kinnicut Angell,John Wilder May No preview available - 2018 |
Common terms and phrases
acknowledgment action accrued action of assumpsit administrator admission adverse possession applied assumpsit authority Bank Barr Penn barred begins to run bill brought cause of action cestui que trust Chief Justice claim commenced common law contract court of equity creditor Cush debtor decision declaration deed defendant demand disability disseisin doctrine ejectment entitled evidence executor feme covert formedon fraud Greenl heir held indorsement Jackson Johns Jones judgment jury lapse latitat liable Lord Lord Mansfield Mass Massachusetts ment merchants mortgage opinion paid party payment person Peters U. S. plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle Penn recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute begins statute of limitations statute runs sued sufficient suit supra Supreme Court testator tion twenty Watts Penn Wend writ of right
Popular passages
Page clxxx - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the...
Page 219 - ... all actions of debt grounded upon any lending or contract, without specialty, and all actions of debt for arrearages of rent, shall be commenced and sued within six years next after the cause of such action or suit, and not after.
Page xviii - December, 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page clxix - If a person entitled to bring an action die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Page clxxix - That in actions of debt, or upon the case, grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...
Page 307 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Page cv - ... within the age of twenty-one years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons, having no such impediment, should have done.
Page vii - ... shall have been in such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page xvi - No action or suit, or other proceeding, shall be brought to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent...
Page clxxxiv - An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the non-payment of money collected upon an execution. But this subdivision does not apply to an action for an escape. Section 340. Within One Year: 1. An action upon a statute for a penalty or forfeiture...