INSOLVENCY, discharge under, in one State not binding in another, 32, note 5. INSTALMENTS, money payable by, statute begins to run on, when, 409. INSURANCE POLICIES, limitations in, effect of, 100-109. may be waived, 100–109. what will excuse delay, 100. when claim arises under, 107. INSURRECTION, States in. See REBELLION; WAR. INTEREST, payment of, revives principal, 190, note 1. effect of payment of, 274, note. INTEREST WARRANTS, when statute begins to run on, 362. INVENTORY, inserting debt in, effect of. See ACKNOWLEDGMENT. JAMES I., J. statute of, took place of all others, 6. rights of crown barred by, when, 6, note 5. statute of, embraces simple contracts, 50-57. JUDGMENT, of inferior court, debt lies for, 76. specialties, when, 80-82. proceedings in equity to set aside, for fraud, statute applied, 141, note. payment of, for part of debt, effect of, 282. payment of costs does not remove the statute bar, 273, note 2. confessed, clerk to assess, statute begins to run on, when, 330, note 2. presumed to have been paid, when, 426. municipal assessments, treated as, 426, note 8. JUDICIAL PROCESS, when action is treated as commenced, 740. statutory provisions as to, 741. issue of writ suspends statute, when, 740-743. how kept on foot, 742-744. when delivery to sheriff is necessary, may be sent by mail, 741. date of writ not conclusive, 743. filing claim before commissioners of estate, effect of, 743. pleading matter in set-off, 743. mistaken remedy, effect of, 744. question whether acknowledgment was made or not, is for, 174, note. see Morrell v. Frith, 204-205. question for, whether acknowledgment relates to a particular debt, 199, questions for, relating to part payment, 295. as to appropriation of, 295. L. LACHES, LAND, not imputable to State, 111. party may be held guilty of, in equity, where action at law is not. gross, party guilty of, equity will not relieve, 141, 145, note 1. distinction between, and acquiescence, 163. title to, acquired by adverse possession, cannot be invalidated by subse- action to subject testator's, to payment of debts, barred, when, 137, power of Probate Court to direct sale of, within equity of statute, 137, action to recover for, taken under legislative proceedings, barred, 141, LANDLORD AND TENANT, tenant cannot deny landlord's title, 664. illustrations, 664, note 6, 666, notes 1 and 2, 667, note 1, 666, note 1, LEGACY-continued. when statute begins to run against, 88. presumption of payment of, cannot arise, when, 94. not within the statute, unless, 500. presumption as to payment of, 500, note 4. rule when real estate is charged with payment of, 500, also note 4. prevails as to limitations, 29-35. unless statute otherwise provides, 32. rule in Townsend v. Jameson, 30, note. situs of contract does not control remedy, 30. rule in Miller v. Brenhauer, 30, note. rule in Putnam v. Dike, 31, note. distinction when statute destroys both the remedy and right, 31, note 3. LEX LOCI CONTRACTUS, rule in Boyd v. Clark, 35. LEX REI SITÆ, LIEN, prevails as to realty, 32. as to personal actions, when, 32-37. when right is created and limited by statute, 32, note. rule in Boyd v. Clark, 35. vendor's, statute applies to, 56. by statute, for simple contract debt not barred because debt is, 65. attorney's, remains, though debt is barred, 545, note. generally, 545. mortgage, remains valid, although debt is barred, 545-548, 563. how mortgagee's rights may be defeated, 545, note 9. see Hough v. Bailey, 546. see 546, note 2. See EQUITABLE LIEN. for purchase-money of land, distinction between, and mortgage, 558-561. see Bizzell v. Mix, 559. See MORTGAGE; PLEDGE; VENDOR'S LIEN. LIMITATIONS, statutes of, what are, 1, 2, 3, 4. illustrations of distinctions between, and restrictory, 1, 2, 3, 4. history and origin of, 4, 5. none at common law, 3, 4. except by a fine and proclamation, 4, note 2. supplied by presumptions in certain cases, 5, also note 1. and by wager of law, 5. abuses from stale demands led to adoption of, 6. periods fixed from which they ran, 6. none in Stat. James I. expressly, as to assumpsit, 5, note 1. nature of, 7-8. formerly regarded with disfavor, 7. now regarded as statutes of repose, 7. principles on which founded, 9. lapse of statutory period raises no presumption as to payment, 9. not suspended, having commenced to run, except, 9-24. by death of debtor, 10; but see note 2. by injunction, 10, note 1. by war, 10, note 1, 11, note 1. illustration, 10, note 1. courts cannot make exceptions to, 12. statute must be pleaded, 24-29. when must be pleaded, 25. may be waived, 26. plaintiff must reply to plea, 27. will not be regarded, unless pleaded, 25. part of lex fori, 29-35. when lex loci prevails, 32, note, 35, 36. when statute gives title to land, lex rei sitæ controls, 32. when statute gives and limits right, 35. when title passes to chattels under statute, rule, 36. constitutionality of statutes of, 36-45, notes. See CONSTITUTIONALITY. affect only the remedy, 36-45. statute may be changed before it has run on existing claims, 38 et seq. when changes in, to be construed as prospective, 41. reasonable time to bring action in, when necessary, 42. exception to rule as to power of legislature to change period of limitation, what statute governs, 43-45. see Guilotell v. Mayor, 43, note. See CHANGE IN STATUte. title to land acquired by, cannot be divested by subsequent change in LIMITATIONS - continued. apply to assumpsit upon simple contracts under Stat. James I., 50. rule as to mortgages when note is barred, 61. as to pledges, when debt is barred, 62, note 1. action of assumpsit for tort, not barred, because tort is, 61. statute of, a personal privilege, 96. may be waived, 96–97. when his privies may set it up, 96. cestui que trust may set it up, when, 96. heirs, when, 96. party may, by agreement, be estopped from relying on, 97, 99. not by mere equitable estoppel, 97. by contract, 99-103. in insurance policies, 100–109. what will excuse, 100-108. who may set up the statute, 109–118. cannot be set up against the State, unless, 109, note 3, 118 and notes. State not bound by, 109-118 and notes. general government not bound by, 114, note 2. exception when title to debt is derived from individual, 109-110, note, when stockholder in corporation, 115. see United States v. McKenzie, 115. computation of time under statute of, 119-131. See COMPUTATION OF TIME. adoption of statute of, in equity, 132–144. See EQUITY. act to be done after certain day, rule as to whether last day to be ex- cluded or included, 119-130. act to be done by a certain day, rule as to, 131. adoption of, in equity, 132-164. statute does not extinguish the debt, 169, also 172, note 1. old debt, good consideration for new promise, 172. unqualified acknowledgment raises implied promise to pay, 172. M. MARRIAGE, action to annul, barred by statute in six years, in New York, 140, note 7. MARRIED WOMEN, within the disabilities of the statute, when, 578-582. |