INDEX. [The figures refer to sections. ] ACCOUNT. See Merchants' Accounts, Mutual Accounts. action of, and the limitation of it, 69. exception of merchants' accounts" confined to the action of account, 153. See New Promises and Acknowledgments. ACTIONS. See Real Actions. what actions ex contractu are within the statute, 68-78. And see Account, Assumpsit, Debt, Covenant, Trover, Trespass. as to the postponement of a right of action on a contract, 121, 122. courts of, how governed by the statute of limitations, 31-33. statute of James not pleadable in, 31. suits in, how limited by statute of 4 Anne (c. 16), 31. statute of Anne not applicable in this country, 32. no statute limiting suits in, in this country, 32. State laws not binding in, 32. but courts of, do not entertain suits on stale demands, and, like courts of ADVERSE POSSESSION, considered, 380-418. as affecting boundaries, see Boundaries. the foundation upon which real and possessory actions are supported, 380. of much importance in this country, 380. is evidence of a fee, independently of statute, 1 – 5. the rule, how construed, in controversies between States, 380. private individuals in all cases barred by, under the statute of limitations, where neither party has title, the prior possession prevails, 381. an entry, by the party who has the written title, may be dispossessed by an may be set up to show the nullity of a conveyance by a person out of pos- the effect of adverse possession the same in equity, 382, 390. caution requisite in purchasers of land held adversely, 383. ADVERSE POSSESSION - Continued. presumption always in favor of legal owner, 384. and possession may be permissive, 384. possession, to be adverse, must denote disseisin. See Disseisin. definition offered, 390. proof of intent to claim against the true owner requisite, 390. questions of, questions of law and fact, 390. the jury are to find as to the quo animo, 390. intent to hold adversely, and corporeal occupation, both requisite, 391. what acts sufficient to show intent, 391. occupation must be visible and notorious, and within defined boundaries, continued residence not necessary, 392. eaves-droppings on land of adjoining proprietor constitutes, 393. as to acts showing an intent to claim new lands remote from settlements, by entry without color of title, limited to the actual occupancy, 394. as possession is presumed to follow the ownership, 394. possession must be strictly possessio pedis, 391, 395. must be by substantial inclosure, 395. what not a sufficient inclosure, 395. cattle-ranging not sufficient possession, 396. as to clearing and cultivating, 396. occasional acts of dominion, 396. payment of taxes alone, 397. payment of taxes in connection with other acts, 397. must be such acts as would give notice to the owner, and from which the jury could infer an acquiescence, 398. possession must continue the same in point of locality, 399. difference between possession taken by an intruder, and by one under color possession of intruder limited by actual occupation, while that of one under as to interference of surveys, 402. the doctrine that possession of part, under color of title, is coextensive with as to what is color of title, and fraudulent grants, 404-406. of parol gifts, as constituting color of title, 407. no color of title without some description of the land, 408. color of title only, and without possession, not a disseisin, 409. where there is a possession, at the same time, of more persons than one, grant under a foreign government does not afford color of title, 411. effect of possession when taken successively by different persons, 413, 414. ADVERSE POSSESSION- Continued. under the statute of 3 & 4 Will. IV. (c. 27), 417. also under the Revised Statutes of New York, 416. deeds, how inoperative against persons holding adversely, 418. See Cotenancy, Landlord and Tenant, Mortgagor and Mortgagee, Trustee AGENCY AND FACTORAGE, whether action lies by principal against an agent or factor for not account- ing till after a demand, 179-182. how the statute is construed to apply in such cases, 179–182. demand necessary where one copartner is made agent to collect debts after the relation a fiduciary one, and the agent a trustee, 179, 182. And see Trust. AGENT, of acknowledgments and new promises by and to, 261, 262, 269. action of, see Pleading. when it came into use, 19. how it originated, 70. action of, within the statute, though not mentioned, 70, 193. to what cases extended, 71-73. And see Covenant. to torts quasi ex contractu, 72, 136–142. may not be barred when action for tort on same demand may be, 72. when assumpsit may be waived, and trover or trespass brought, see Trover, the general rule in declarations in, 79. the gist of, for violation of special contract, 137. exception concerning merchants' accounts does not apply to, 153, 154. See Specialties. "BEYOND SEAS." See Disabilities. BONDS. See Specialties. proof of two breaches, in an action upon, statute runs from time of first BOUNDARIES. extent of adverse possession of land, as determined by a river, 392. rights of adjoining proprietors, as affected by adverse possession, 384, 393. of eaves-droppings over the true line, 393. other cases of disputed boundaries, 400, 401, 415. CASE, action of, see Torts. for criminal conversation, 309. whether that, or action of trespass, be most proper, 309. CO-CONTRATORS, acknowledgment of debt by one of several, 248 - 260. is binding on all, and on what ground, 248. whether the contract be joint or several, 249. principal and surety, 249. where the relation is collateral, acknowledgment by one of the parties liable, severance of the community of interest by death and bankruptcy, 251–253. distinction between an acknowledgment by a sole debtor, and one by a co- the effect of an acknowledgment by one partner after dissolution consid- acknowledgment by one co-contractor under the act of Geo. IV. (c. 14), 275. COLOR OF TITLE. See Adverse Possession. CONSTITUTIONAL LAW. See Nullum Tempus, &c. constitutionality of acts of limitation, 11. CONTRACT. See Promissory Notes and Bills of Exchange. obligation of contracts not impaired by statutes of limitation, 11. when the statute commences running on certain miscellaneous simple con- money payable by instalment, 110-112. conditional promises, 113, 114. liability depending on contingency, 115. money paid by mistake, 116. failure of consideration, 117-119. continuation of services, 120. postponement of right to sue, 121, 122. money paid by one of several concerned, 123–127. promises of indemnity, 128 - 130. money paid by a surety, 131–135. COPARCENERS, who are, 421. in this country, treated as tenants in common, 421. one may be disseised by another, 421. And see Cotenancy. COURTS. See Equity, Admiralty. federal, bound by the construction of the statute by the State courts, 24, 28. action of, see Specialties. in what cases touching covenant assumpsit may be brought, 77. adverse possession as between joint-tenants, tenants in common, and copar- actions as between, in New York, note to 421. doctrine of adverse possession as between, in England, 422-428. in this country, much the same, 429 – 436. acts of ownership by one cotenant not necessarily a disseisin, 429. possession by one, per se, not a disseisin, 429. the relation of cotenants like that of lessor and lessee, 429. conveyance of one by the whole, and possession accordingly by grantee, a so, also, a claim to the whole, and a refusal by one to admit the possession of as to presumption of ouster by the taking of the rents and profits by one ex- possession by one for a very long period, a presumption of an actual ouster, 433. the yielding up to one by a stranger who is a disseisor, puts all in seisin and acts done by one, in behalf of the estate, enure to the benefit of all, 435. one cotenant under disability does not save the right of the others, 484. DEBT, action of, see Specialties, Pleading. formerly the ordinary remedy on simple contract, 19. how connected with wager of law, 19. when within the statute, 76. declaration in, similar to declaration in assumpsit, and the differ- distinction between actions of debt upon contract without specialty, and ac- exception concerning "merchants' accounts" does not apply to, 154. See Torts. DEVISE, for payment of debts, not sufficient acknowledgment to revive a debt upon of land, for payment of debts, a direct trust, to which the statute does not otherwise with a charge upon personal estate, 169. DISSEISIN. See Adverse Possession, Ouster. |