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
... Interest may set up the Statute . 198. Right of Executor to set off Debt barred . 199. Rule in Equity as to Claims against Decedent's Estate . 1 Norton v . Frecker , 1 Atk . 524 ; Fair- fax v . Fairfax , 2 Cranch ( U. S. C. C. ) , 25 ...
... Interest may set up the Statute . 198. Right of Executor to set off Debt barred . 199. Rule in Equity as to Claims against Decedent's Estate . 1 Norton v . Frecker , 1 Atk . 524 ; Fair- fax v . Fairfax , 2 Cranch ( U. S. C. C. ) , 25 ...
Page 481
... interest.1 It must , however , be carefully remembered that an executor or adminis- trator will have no right , under any circumstances , to pay a debt or charge which has absolutely become extinguished by statute.2 SEC . 190 ...
... interest.1 It must , however , be carefully remembered that an executor or adminis- trator will have no right , under any circumstances , to pay a debt or charge which has absolutely become extinguished by statute.2 SEC . 190 ...
Page 483
... interest it is to mislead him . Why , then , should we not finish what was so well begun in Jones v . Moore , by making the law of the subject consistent in all its parts , and giving to the statute entire effect , both in substance and ...
... interest it is to mislead him . Why , then , should we not finish what was so well begun in Jones v . Moore , by making the law of the subject consistent in all its parts , and giving to the statute entire effect , both in substance and ...
Page 485
... interest on a promissory note to an administrator who had omitted to take out administration in the diocese in which the note was a bonum notabile , was held a sufficient acknowledg . ment of the debt to bar the statute . " If an ...
... interest on a promissory note to an administrator who had omitted to take out administration in the diocese in which the note was a bonum notabile , was held a sufficient acknowledg . ment of the debt to bar the statute . " If an ...
Page 492
... interest , provided suit to recover the same be brought within one year after the payment of such interest , it would not be competent for a party to recover in Maryland after the lapse of a year , and that the courts of that State were ...
... interest , provided suit to recover the same be brought within one year after the payment of such interest , it would not be competent for a party to recover in Maryland after the lapse of a year , and that the courts of that State were ...
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
acknowledgment or promise action accrued action brought action or suit action to recover adverse possession aforesaid apply barred begin to run bill bond bring an action cause of action cestui que trust CHAP chapter claim of title color of title commenced continued contract conveyance court of equity coverture creditor death debt debtor deed deemed defendant disability disseisin entitled to bring execution executor or administrator exists expiration favor feme covert fraud heirs held imprisoned insane Jackson judgment or decree land or rent lapse lease legal title letters testamentary liability Mass menced ment mortgage mortgagor non compos mentis occupancy operation owner party payment person claiming person entitled person or persons plaintiff prescribed prosecuted provisions real estate real property recovery of real residence right of action rule scire facias seisin sheriff statute of limitations statutory period surety tenant Tenn tion trespass twenty unless 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.