...transmissible by descent and devise, and, •whieh is peculiarly to be attended to in the present case, the possession of the trustee is the possession of the cestui que trust, and the rights of the latter may be barred by the statute of limitations, in like manner as *uses or titles...

...Bedesdalc, in Hovenden v. Lord Annesley (a), makes this observation — " If a trustee is in possession, " and does not execute his trust, the possession of the *' trustee is the possession of the Ceslui quc trust ,- and, " if the only circumstance is, that he does not perform " his trust, his possession...

...Sedesdale, in Hovenden v. Lord Annesley («), makes this observation — " If a trustee is in possession, " and does not execute his trust, the possession of...because his possession is according to his title" — and then he goes on to illustrate that. This is our case ; . 1817. for our trustee does nothing...

...Thus, in Hovenden v. Lord Annesley (k), Lord Eedesdale observed, that if a trustee is in possession, and does not execute his trust, the possession of...possession of the cestui que trust ; and if the only c1rcumstance is, that he does not perform his trust, his (k) 2 Schoales and Lefroy, 6^7. possession...

...trustThus, in Hovenden v. Lord Annesky (k), Lord Redesdale observed, that if a trustee is in possession, and does not execute his trust, the possession of the trustee is the possession of the cestui qu£ trust,; and if the only circumstance is, that he does not perform his trust, his (k) » Schoalw...

...cases of trust in equity, the distinction is, if the trust be constituted by the act of the parties, the possession of the trustee is the possession of the cestui que trust, and no length of such possession will bar ; but if a party is to be constituted a trustee by the decree...

...: He adds, further, in this case, that if the trustee is in possession, (speaking of real estate,) and does not execute his trust, the possession of the trustee is the possession of the cestiti que trust ; and if the only circumstance be, that he does not perform his trust, his possession...

...usually not within the statute of limitations as applied in equity, for the reason that ordinarily the possession of the trustee is the possession of the cestui que trust. Their attitude toward each other is not hostile or antagonistic, and there is no cause of action to...

...and/ra«</ are not within the statute must be thus qualified : that if a trustee is in possession, and does not execute his trust, the possession of...because his possession is according to his title: but the question of fraud is of a very different description; that is a case where a person who is...

...if a trustee be in possession and does not execute his trust, the possession of the trustees is that of the cestui que trust, and if the only circumstance...because his possession is according to his title. In the late case of Wedderburn v. Wedderburn (of), the Master of the Rolls admitted, that in cases...