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 LimitationsLittle, Brown,, 1869 - 691 páginas |
Dentro del libro
Resultados 1-5 de 78
Página x
... Equity , though equitable titles have uniformly been held to be affected in analogy to those statutes . But the provis ions of this Act have the effect of making imperative on Courts of Equity what they had before done at discre- tion ...
... Equity , though equitable titles have uniformly been held to be affected in analogy to those statutes . But the provis ions of this Act have the effect of making imperative on Courts of Equity what they had before done at discre- tion ...
Página 1
... equity , can be main- tained . By the Roman law , and by the law of every country of which the Roman or civil law is the acknowledged basis , it appears under the title of " prescription , " from the word prescribo , which exactly ...
... equity , can be main- tained . By the Roman law , and by the law of every country of which the Roman or civil law is the acknowledged basis , it appears under the title of " prescription , " from the word prescribo , which exactly ...
Página 20
... EQUITY . 25. IT requires but a partial familiarity with the rules and practice of a court of equity to be aware that laches and neglect have been invariably and decidedly discountenanced in that court ; and that it was so from the ...
... EQUITY . 25. IT requires but a partial familiarity with the rules and practice of a court of equity to be aware that laches and neglect have been invariably and decidedly discountenanced in that court ; and that it was so from the ...
Página 21
... equity , " says Lord Redesdale , 1 " are not within the words of the statutes , because the words apply only to partic- ular legal remedies ; but they are within the spirit and meaning of the statutes , and have been always so ...
... equity , " says Lord Redesdale , 1 " are not within the words of the statutes , because the words apply only to partic- ular legal remedies ; but they are within the spirit and meaning of the statutes , and have been always so ...
Página 22
... equity . " was said by Mr. Justice Catron , in giving the opinion of the Supreme Court of the United States , in 1838 , that courts of equity are no more exempt from statutes of limitation than courts of law.2 27. As to the application ...
... equity . " was said by Mr. Justice Catron , in giving the opinion of the Supreme Court of the United States , in 1838 , that courts of equity are no more exempt from statutes of limitation than courts of law.2 27. As to the application ...
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Términos y frases comunes
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
Pasajes populares
Página 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...
Página 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.
Página 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.
Página lxiii - ... years before the commencement of the act in respect to which such action is prosecuted or defense made.
Página 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.
Página 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.
Página 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...
Página 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...