A Treatise on the Limitations of Actions at Law and Suits in Equity and Admiralty: With an Appendix Containing the American and English Statutes of Limitations |
From inside the book
Results 1-5 of 89
Page 4
... considered to extinguish the claim entirely , but only to render it inefficacious , by prohibiting the creditor the enforcing of it . And the limitation of actions for the recovery of money is not generally intended to destroy a just ...
... considered to extinguish the claim entirely , but only to render it inefficacious , by prohibiting the creditor the enforcing of it . And the limitation of actions for the recovery of money is not generally intended to destroy a just ...
Page 14
... considered as impairing vested rights , or the obligation of contracts . They rather establish that a cer- tain lapse of time shall amount to the evidence of the transfer of property , or of the performance of a contract , than to take ...
... considered as impairing vested rights , or the obligation of contracts . They rather establish that a cer- tain lapse of time shall amount to the evidence of the transfer of property , or of the performance of a contract , than to take ...
Page 20
... considered a bar in those courts , stated the effect of them to be , first , that they have ever , upon general principles of their own , even when there was no analogous statutable bar , refused relief to stale demands , where the ...
... considered a bar in those courts , stated the effect of them to be , first , that they have ever , upon general principles of their own , even when there was no analogous statutable bar , refused relief to stale demands , where the ...
Page 21
... considered . " In point of language , he thought it was a mistake to say that courts of equity act merely in analogy to the statutes ; and in his apprehension they acted in obedience to them . That they act in obedience , it has been ...
... considered . " In point of language , he thought it was a mistake to say that courts of equity act merely in analogy to the statutes ; and in his apprehension they acted in obedience to them . That they act in obedience , it has been ...
Page 22
... considered that our statute of limitations was enacted long before there was any remedy by suit in equity , and that the legislative provision covered all the remedies for debt on simple or implied contracts then known in the ...
... considered that our statute of limitations was enacted long before there was any remedy by suit in equity , and that the legislative provision covered all the remedies for debt on simple or implied contracts then known in the ...
Contents
xix | |
1 | |
9 | |
20 | |
28 | |
34 | |
45 | |
64 | |
359 | |
361 | |
373 | |
379 | |
426 | |
439 | |
449 | |
466 | |
89 | |
117 | |
121 | |
142 | |
155 | |
180 | |
194 | |
210 | |
238 | |
261 | |
280 | |
301 | |
320 | |
337 | |
343 | |
475 | |
486 | |
xv | |
lxxxiv | |
xcv | |
cii | |
cxvi | |
cxxii | |
cxxviii | |
cxxxvii | |
cxliii | |
clxiii | |
clxix | |
clxxvi | |
Common terms and phrases
acknowledgment action accrued action of assumpsit administrator admission adverse possession apply assumpsit authority Bank barred begin to run bill brought cause of action Chief Justice cited claim commenced common law considered construction contract court of equity creditor Cush debtor decisions declaration deed defendant demand disability disseisin doctrine evidence executor feme covert fraud Greenl heir held indorsement Jackson Jones judgment jury land lapse lex loci contractus liable Lord Lord Mansfield Mass Massachusetts ment merchants mortgage opinion ouster owner paid party payment Penn person plaintiff plea plead the statute presumption principle promise to pay promissory note Rawle recover remedy right of action right of entry rule says seisin Serg Shep Smith stat statute begins statute of limitations sued sufficient suit supra Supreme Court tenant in common Tenn testator tion trust twenty Watts Wend writ of right
Popular passages
Page xviii - ... any mortgage, judgment, or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same shall have accrued to some person capable of giving a discharge for or release of the same...
Page clxxiv - ... 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 clxix - ... tenancy, or, where there has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. But such presumptions cannot be made after the periods herein limited.
Page lxiii - ... years before the commencement of the act in respect to which such action is prosecuted or defense made.
Page ix - ... such possession or receipt then such right shall be deemed to have first accrued at the time at which the person claiming as aforesaid or the person through whom he claims became entitled to such possession or receipt by virtue of such instrument.
Page clxxx - If any action be commenced within duo time, and a judgment thereon for the plaintiff be reversed, or if the plaintiff fail in such action or upon a canse of action otherwise than upon the merits, and the time limited for the same shall have expired, the plaintiff, or, if he die, and the cause of action survive, his representatives, may commence a new action within one year after the reversal or failure.
Page cxxiv - First, it was among other things enacted that all actions of account and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...
Page 296 - Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...