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
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... be out of the State , such action may be commenced within the times herein respectively limited , after the return of such person into the State ; and if , after such cause of action [ * cxlvii ] shall have accrued , * such person ...
... be out of the State , such action may be commenced within the times herein respectively limited , after the return of such person into the State ; and if , after such cause of action [ * cxlvii ] shall have accrued , * such person ...
Contents
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cxxviii | |
cxxxvii | |
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clxxvi | |
Common terms and phrases
accrued acknowledgment actual administrator adverse possession amount appear apply assumpsit authority balance Bank barred begin to run bill bring brought cause of action cited claim commenced common consideration considered construction continued contract court creditor death debt debtor decisions deed defendant demand disseisin doctrine effect ejectment England entered entry equity evidence exception executor existence express fact founded fraud give given ground heir held intention interest issue Jackson Johns Jones judgment Justice land latter liable Lord Mass merchants operation opinion original owner paid party payment Penn period person Pick plaintiff plea pleaded present principle promise proved question reason received recover referred remedy respect rule says seisin settled Smith statute of limitations sufficient suit Supreme Court taken tenant term tion trust twenty United unless Watts whole writ
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...