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 473
... Debts or not , in his Dis- When the remedy for a debt is barred by lapse of time , an executor or administrator is nevertheless not obliged to take advantage of the statute , but may at his discretion satisfy the debt . " No execu- tor ...
... Debts or not , in his Dis- When the remedy for a debt is barred by lapse of time , an executor or administrator is nevertheless not obliged to take advantage of the statute , but may at his discretion satisfy the debt . " No execu- tor ...
Page 474
... debt , though barred by the statute , and that net payment is valid as against the distributees . 43 . cretion , pay debts due to others , the rem- edy for which is barred by lapse of time . Norton v . Frecker , 1 Atk . 533 ; Stahlsmidt ...
... debt , though barred by the statute , and that net payment is valid as against the distributees . 43 . cretion , pay debts due to others , the rem- edy for which is barred by lapse of time . Norton v . Frecker , 1 Atk . 533 ; Stahlsmidt ...
Page 475
... debt due to himself upon which the statute has run with the same propriety that he may pay one so barred , due to any other person ; and neither the heirs or other distributees of the estate have any remedy against him therefor ...
... debt due to himself upon which the statute has run with the same propriety that he may pay one so barred , due to any other person ; and neither the heirs or other distributees of the estate have any remedy against him therefor ...
Page 476
... debt.2 But this rule is subject to the exception that , when it is sought to charge the real estate of the deceased with the payment of debts due from the estate , either the heir , or a devisee , residuary legatee , or any person ...
... debt.2 But this rule is subject to the exception that , when it is sought to charge the real estate of the deceased with the payment of debts due from the estate , either the heir , or a devisee , residuary legatee , or any person ...
Page 479
... debt is good , will not , unless otherwise pro- vided in the statute , save the operation of the statute limiting ... debts barred by the general statute , unless it appears that they are so stale as to raise a presumption of payment ...
... debt is good , will not , unless otherwise pro- vided in the statute , save the operation of the statute limiting ... debts barred by the general statute , unless it appears that they are so stale as to raise a presumption of payment ...
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.