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 470
... Statute , unless made so expressly · PAGE 698 CHAPTER XXII . EFFECT OF FRAUD . § 274. Statutory Provisions as to . 701 275 . Equitable Rule in Cases of Concealed Fraud 276. Instances in which the Statute will not run until Fraud ...
... Statute , unless made so expressly · PAGE 698 CHAPTER XXII . EFFECT OF FRAUD . § 274. Statutory Provisions as to . 701 275 . Equitable Rule in Cases of Concealed Fraud 276. Instances in which the Statute will not run until Fraud ...
Page 473
... Statute has run against Debt before Testator's Death . cretion . - during the Life of the Testator . 195. Executors de son Tort . 196. Statutory Provisions relative to Suits in Favor of Decedents ' Estates . 197. When Parties in ...
... Statute has run against Debt before Testator's Death . cretion . - during the Life of the Testator . 195. Executors de son Tort . 196. Statutory Provisions relative to Suits in Favor of Decedents ' Estates . 197. When Parties in ...
Page 474
... statute of limitations might be pleaded as a legal bar , render themselves liable to those who are inter- ested in the testator's property . " 1 Williamson v . Naylor , 3 Y. & C. 211 , note ( a ) ; Stahlsmidt v . Lett , 1 Sm . & G. 415 ...
... statute of limitations might be pleaded as a legal bar , render themselves liable to those who are inter- ested in the testator's property . " 1 Williamson v . Naylor , 3 Y. & C. 211 , note ( a ) ; Stahlsmidt v . Lett , 1 Sm . & G. 415 ...
Page 475
... statute applicable to administrators , a li- cense to sell will be denied . Wellman v . Lawrence , 15 Mass . 336 ; Ex parte Allen , id . 58. And , if granted , it will be void , as , by permitting the statutory period to elapse without ...
... statute applicable to administrators , a li- cense to sell will be denied . Wellman v . Lawrence , 15 Mass . 336 ; Ex parte Allen , id . 58. And , if granted , it will be void , as , by permitting the statutory period to elapse without ...
Page 477
... statute , obliged to plead the general statute of limi- tations , yet he is in all cases bound to set up , in ... statutory defence , it was held. estate as creditors , etc. , was that of W. The petition did not specify the amount ...
... statute , obliged to plead the general statute of limi- tations , yet he is in all cases bound to set up , in ... statutory defence , it was held. estate as creditors , etc. , was that of W. The petition did not specify the amount ...
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.