A Treatise on the Limitation of Actions at Law and in Equity: With an Appendix, Containing the American and English Statutes of Limitations, Volume 2Boston Book Company, 1893 - 1041 pages |
From inside the book
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Page 469
... Absence of Defendant from State , Statutory Provisions as to 585 245 . What constitutes an Absence from the State 588 246. Joint Debtors , absence of one , effect of 593 • 247 . Residence need not be continuous 593 248. Absconding ...
... Absence of Defendant from State , Statutory Provisions as to 585 245 . What constitutes an Absence from the State 588 246. Joint Debtors , absence of one , effect of 593 • 247 . Residence need not be continuous 593 248. Absconding ...
Page 493
... absence of a personal representative in such a case not being sufficient to make an exception to the well- known and almost universal rule in these matters , that when time has once com- menced to run it will never cease . Rhodes v ...
... absence of a personal representative in such a case not being sufficient to make an exception to the well- known and almost universal rule in these matters , that when time has once com- menced to run it will never cease . Rhodes v ...
Page 495
... absence of such legal per- sonal representative to recover his debt against the executor de son tort ; a course which , in equity at all events , will be no longer open to him . A curious question is raised in Boat- wright v ...
... absence of such legal per- sonal representative to recover his debt against the executor de son tort ; a course which , in equity at all events , will be no longer open to him . A curious question is raised in Boat- wright v ...
Page 513
... absence of evidence to the contrary , that the security was taken by the husband , with the consent of the wife ; and therefore , to the extent of her inter- est , he held the mortgage as agent or trus- tee for her ; and that interest ...
... absence of evidence to the contrary , that the security was taken by the husband , with the consent of the wife ; and therefore , to the extent of her inter- est , he held the mortgage as agent or trus- tee for her ; and that interest ...
Page 515
... absence , how ever , of direct authority to guide us , we think there can be but little difficulty in its determination upon principle . " It is unnecessary to cite authorities to support the long - established doctrine that , as ...
... absence , how ever , of direct authority to guide us , we think there can be but little difficulty in its determination upon principle . " It is unnecessary to cite authorities to support the long - established doctrine that , as ...
Other editions - View all
A Treatise on the Limitation of Actions at Law and in Equity: With an ... H. G. 1831-1893 Wood No preview available - 2015 |
TREATISE ON THE LIMITATION OF H. G. (Horace Gay) 1831-1893 Wood,John M. (John Melville) 1848-190 Gould No preview available - 2016 |
Common terms and phrases
action accrued action brought action to recover actual possession adverse possession aforesaid Appendix apply barred begin to run bond bring an action cause of action cestui que trust CHAP chapter claim of title color of title commenced concealment continued contract conveyance court of equity coverture creditor death debt deed deemed defendant disability disseisin doctrine entry evidence execution executor or administrator exists expiration favor feme covert fraud heirs held imprisoned insane Iowa Jackson lapse lease legal title letters testamentary liability Mass menced ment mortgage mortgagor non compos mentis occupancy operation party payment person claiming person entitled plaintiff posses possession of land prescribed prosecuted provisions real property recovery of real residence right of action rule seisin set-off sheriff sion statute of limitations statutory period sufficient surety taxes tenant Tenn testator tion trespass twenty unless Watts Penn writ
Popular passages
Page 944 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 848 - An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; 4. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party, of the facts constituting the fraud or mistake.
Page 968 - December, 1833, no person shall make an entry or distress, or bring an action to recover any laud 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 956 - 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.
Page 889 - ... 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 856 - If a person entitled to bring an action die before the expiration of the term 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 888 - ... 6. An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the Court of Chancery, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.
Page 782 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Page 783 - Within the age of majority ; or, 2. Insane; or, 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence for a term less than for life ; or, 4.
Page 775 - For the purpose of constituting an adverse possession, by any person claiming a title founded upon a written instrument, or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases: 1. Where it has been usually cultivated or improved: 2.