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 |
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Page 475
... held in this case , and such is the general rule , that , if he is unable to realize his debt out of the personal estate , and seeks to make the heirs liable therefor , the heirs may set up any defence to the claim which the intestate ...
... held in this case , and such is the general rule , that , if he is unable to realize his debt out of the personal estate , and seeks to make the heirs liable therefor , the heirs may set up any defence to the claim which the intestate ...
Page 476
... held to be the duty of the administrator or executor of an estate to plead the stat- ute where the debt or claim was barred during the lifetime of the intestate , or even where it is so stale as to raise the presumption of payment from ...
... held to be the duty of the administrator or executor of an estate to plead the stat- ute where the debt or claim was barred during the lifetime of the intestate , or even where it is so stale as to raise the presumption of payment from ...
Page 477
... held that an executor is not , unless other- wise provided by statute , obliged to plead the general statute of limi- tations , yet he is in all cases bound to set up , in opposition to a claim , a statute which limits the time within ...
... held that an executor is not , unless other- wise provided by statute , obliged to plead the general statute of limi- tations , yet he is in all cases bound to set up , in opposition to a claim , a statute which limits the time within ...
Page 481
... held that the debt was revived by his subsequently proving the will , inasmuch as that proof related back to the testator's death , and he was ordered to account for the sum owing with interest.1 It must , however , be carefully ...
... held that the debt was revived by his subsequently proving the will , inasmuch as that proof related back to the testator's death , and he was ordered to account for the sum owing with interest.1 It must , however , be carefully ...
Page 483
... held that an executor's promise to pay a debt of the testator will not take it out of the statute , and the court rely upon Fritz v . Thomas , ante , to support the ground , that , as the old promise was not revived , but superseded by ...
... held that an executor's promise to pay a debt of the testator will not take it out of the statute , and the court rely upon Fritz v . Thomas , ante , to support the ground , that , as the old promise was not revived , but superseded by ...
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.