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action of, barred, equity will not give relief, 133, note.
effect of bringing, upon adverse possession, 697.
tenant by, is estopped from denying title of those under whom the
See ADVERSE POSSESSION.
right of, barred, equity will not give relief, 133, note.
non-payment of rent for twenty years will not bar entry, 133, note.
for purchase-money of land, not defeated by running of statute upon
the debt, 558-561.
see Bizzell v. Nix, 559.
distinction between, and mortgage, 558.
continuing trust, not barred in, 132, note.
stale demands discouraged in, 134, note.
will not give relief in cases of constructive trusts when statute has run,
rule, when suit at law could be brought for same matter, 133.
applies statute, where money is paid by mistake, 133, note.
will not give relief where right of entry or ejectment is barred, 133,
rent-charge not barred in, 133, note.
limitations strictly applied in case of executors, &c., 135, note.
courts of, in cases of concurrent jurisdiction adopt statute by analogy,
will not relieve against usury when statute has run, 132, note.
fraud saves rights in, though barred at law, 138.
statute expressly applied to, in some States, 139.
instances in which statute applicable in, 141, note 6.
will not treat demand as stale, when, 140.
statute does not apply in, where action is purely of equitable cogni-
illustrations, 145, note 1.
will refuse relief when party guilty of gross laches, 144, 145, also
EQUITY - continued.
trustee not permitted to set up statute in, when, 145, note.
will effectuate legal rights of parties when barred at law, in certain
discourages stale demands, 148-160.
instances, 148, note 2, 149, note 2, 150, note 1.
makes distinction between laches and acquiescence, 163.
action for distributive share of, not within statute, 94.
mere equitable, will not prevent party from relying on statute, 97.
parol, admissible to show amount of debt revived by written acknowl-
burden of showing that promise, &c., applies to debt in suit, &c., is
parol, admissible as to part payment, when, 277, note 3.
oral, of part payment, 299, 304.
indorsement of payment on notes, effect of, 303, 307.
burden of establishing part payment on plaintiff, 307.
see Knight v. Clements, 307, note 9.
what must be shown, 304-309.
parol, admissible to show that deed was intended as mortgage, 569.
having personal assets, liable in assumpsit for legacy, when, 88.
statute strictly applied in favor of, in equity, 135, note.
as to legacies, 135, note.
actions for fraud of, against sureties, must be commenced, when, 139.
see Scull v. Wallace, 192, note.
payment made by, under decree of court, does not remove statute bar,
appointed in one State does not put statute in operation in another, 313.
statute begins to run in favor of sureties upon bonds of, when, 418.
when creditor is executor, &c., 480.
acknowledgment by, 481.
what acknowledgment by, is sufficient, 488.
where executor is also devisee in trust, 488.
where statute has run upon debt due the estate, 488.
where statute has begun to run in life of intestate, 488-493.
EXECUTORS AND ADMINISTRATORS — continued.
effect of appointment of, in another State, 493; see note 4.
when parties in interest may set up statute, 497.
right of, to set off debt, 498.
rules in equity as to claims against decedent's estates, 498.
liable for devastavit by allowing statute to run against estate, 498.
executor entering on lands of estate is trustee for heirs, unless, 506,
hold property of estate in trust, 519.
of trustee, have no title to trust property, 521.
FACTORS. See AGENTS.
statute begins to run, when, 454.
see Egginton v. Mayor, &c., 454, note 4.
FEME COVERT. See MARRIED WOMAN.
to evidence adverse possession, must be substantial, 613, 614.
must extend around the whole lot, 626.
except where a natural substitute therefor exists, 626, 627.
built merely for convenience does not constitute indicia of ownership,
not sufficient evidence of possession, of itself, 628.
brush, not sufficient, 626.
made by lapping trees not enough, 626.
with proclamation, effect of, and to what applied, 4, note.
not within the statute, 599.
instruments, when statute begins to run on, 392.
equity will relieve against, when action at law is barred, 137, note, 138,
see Booth v. Warrington, 138.
also Troupe v. Smith, 138, note.
also Michoud v. Girod, 138, note.
also Massachusetts Turnpike Co. v. Field, 138, note.
at law, in some States, statute does not begin to run until discovery of,
in actions against executors, statute runs from commission of, unless
actions for, against sureties of administrator must be commenced,
by attorney in concealing fact that claim has been collected, effect of,
actions for fraudulent representations, statute begins to run on, when,
property obtained by, 417.
concealment of conversion of property, effect of, upon statute, 469,
on part of mortgagee, effect of, 558.
effect of, in suspending the statute, 701-713.
statutory provisions as to, 701.
equitable rule in case of, concealed, 703–708.
instances in which statute will not run until fraud is discovered,
FRAUDULENT REPRESENTATIONS. See FRAUD.
"FROM" AND "AFTER." See COMPUTATION OF TIME; DAYS.
in actions against, courts bound to take notice of statute, when, 25,
from State may be presumed, when, 110, note, 111.
statute applies to equitable right when it would operate against a, 137,
presumed to have been paid, when, 426.
who are, 401.
statute begins to run for or against, when, 401-403, 410.
see Williams v. Granger, 402, note 2.
distinction between contingent and absolute, 401-403.
statute begins to run in favor of, when, 418.
in possession of estate of ward, holds it in trust for, 518.
statute not suspended in favor of, because right to sue is in adminis-
disability of, does not suspend statute when it had begun to run during
may avail themselves of statute, when, 96.
statute begins to run for or against alien, when, 418.
statute of, gave first relief against stale claims, 6.
of limitation acts, 4-6.
HUSBAND AND WIFE. See MARRIED WOMAN.
IMPRISONMENT. See DISABILITIES.
agreement to pay, statute runs on, when, 421.
remedy of surety against principal, 399.
contracts of, what are, 401-403.
statute runs on, when, 401-403.
on note, at time of making, requesting indulgence if not paid at
of payment on note by creditor, how made operative, 275, note.
preventing the bringing of an action at law, does not suspend statute.
statutory provision as to, in certain States, 585.
application for, does not suspend the statute, 585.
only suspended while injunction is actually in force, 585.
statute does not run against, until sanity is restored, 578.