 In any action or other proceeding against a trustee or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property, or the proceeds...  Ruling Cases - Page 326edited by - 1896Full view - About this book
 | Great Britain. Parliament - Great Britain - 1888 - 1064 pages
...Lord HERSCHELL, Amendment made in page 3, by leaving out Clause 7, and inserting — 7. (1.) — " In any action or other proceeding against a trustee or any person claiming through him in which the claim is not founded upon any fraud or fraudulent breach of trust to which the trustee... | |
 | 1888 - 432 pages
...trust upon being requested so to do. 8. Statute of Limitations may be Pleaded by Trustees. — • (i) In any action or other proceeding against a trustee,...to recover trust property, or the proceeds thereof, retained or received by the trustee and converted to his use, the following provisions shall apply... | |
 | Frederick Pollock - Law - 1890 - 498 pages
...trustees to plead the Statute of Limitations. It does not, however, apply to the following cases: (i) where the claim is founded upon any fraud or fraudulent...breach of trust to which the trustee was party or privy ; (2) where the claim is to recover trust property, or the proceeds thereof, still retained by the... | |
 | Gibraltar, Robert Ffrench Sheriff - Law - 1890 - 840 pages
...trustee or Statute of any person claiming through him, except where the claim is founded Limitations upon any fraud or fraudulent breach of trust to which the trustee was Beaded by a party or privy, or is to recover trust property, or the proceeds trustee, thereof still... | |
 | Archibald Henry Simpson - Children - 1890 - 772 pages
...under which the Statutes of Limitation may be pleaded do not apply where the claim against the trustee is founded upon any fraud or fraudulent breach of trust to which he was party or privy, or is to recover trust property retained by him, or received by him and converted... | |
 | Thomas Brett - English law - 1891 - 660 pages
...1888, with regard to Trustee proceedings commenced after the 1st of January, 1890, that in Acti 1888 . any action or other proceeding against a trustee or...person claiming through him (except where the claim ie founded upon ang fraud or frandulent breach of trust to which the trustee was partg or privg, or... | |
 | Joshua Williams - Conveyancing - 1892 - 780 pages
...thereof retained by the trustee or previously received by him and converted to his own use, or for any fraud or fraudulent breach of trust to which the trustee was party or privy (a). In every case of a concealed fraud, the right of .any person to sue in equity for the recovery... | |
 | Jonathan George Norton Darby, Frederick Albert Bosanquet - Limitation of actions - 1893 - 896 pages
...him may avail himself of !_' the statute in all cases except where the claim is founded Trustee upon fraud or fraudulent breach of trust to which the trustee was party or privy, or where the claim is to recover trust property or the proceeds thereof still retained by the trustee... | |
 | Leonard Shelford, Thomas Henry Carson - Land tenure - 1893 - 944 pages
...where the claim is Limitations founded upon any fraud or fraudulent breach of trust to which S^^| by the trustee was party or privy, or is to recover trust property, or trustees, the proceeds thereof still retained by the trustee, or previously received by the trustee... | |
 | Joshua Williams, Thomas Cyprian Williams - Conveyancing - 1894 - 720 pages
...of time as would bar a simple contract debt (s), as a bar to any action or proceeding against them, except where the claim is founded upon any fraud or...breach of trust, to which the trustee was party or privv, (1) Fenirick v. Greemll, 10 3 & 4 Will. IV. cc. 27, 42; 37 i Beav. 412 ; Urumrulge v. Jinan-... | |
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