Sidor som bilder
PDF
ePub

SLANDER

See Torts.
SPECIALTIES.

are not within the statute, 79 to 94.
as if the liability is created by the requisition of a statute, 80.
distinction between liability imposed by statute, and having relation to

it, 81.
statute not pleadable to judgments of courts, 82.
as to a judgment in a justice's court, 85.
and to courts not of record, 85.
statute applies to foreign judgments, 83.
cannot be pleaded to an award under seal, 86.
or if the submission be under seal, 86.
nor in debt on an indenture reserving rent, 87.
nor to bonds, 88.
but payment of, presumed, 93.
one co-obligor paying, may sue the other in assumpsit, and may be barred

accordingly, 89.
statute does not apply to legacies, 90.
promissory note, though secured by mortgage, not a specialty, 73, 92.
warrant of attorney to confess judgment not a specialty, 91.

specialties limited by statute 3 and 4 Will. IV., to twenty years, 94.
STATE.

See Nullam Tempus, 8c., Courts.
STATUTE.

See Limitation of Actions.
of limitations, is construed strictly, 23, 29, 485.
construction of English acts of limitation, how applicable in this country,

14, 21, 27.
federal courts bound by the construction of the statute by State courts,

24, 28.
construction of statute of limitations as to the action of assumpsit.
liability created by a statute, not within the statute of limitations.
See Specialties.

origin, &c., of late statute of 3 and 4 Will. IV., 15.
SURETY.

when cause of action arises in behalf of a surety, 89, 131 et seq.

TENANTS IN COMMON.

nature of their title and possession, 420.
one may be disseised by another, 421.

And sec Cotenancy.
TIME.

See Nullum Tempus, &c., Month.
its effect upon land titles and personal demands, 1 to 11
how computed in construing the statute, 42 to 53.
same in law and equity, 42.

P

TIME Continued.

whether the day on which the right of entry or cause of action accrues is

to be included or excluded, 43, 50.
the earlier cases on the subject, 43 to 45.
later and different decisions, 46 to 50.
when months are mentioned in a statute, whether is meant lunar or calen-

dar, 51.
when a thing is ordered by a particular day, that day excluded, 52.
meaning of instanter, 53.
time does not run when there is no person to sue, 54 to 61.
or a person to be sued, 62, 63.

or when a person is restrained from suing by a law, 63.
TORTS.

assumpsit lies for torts quasi ex contractu, and how and when barred, 71, 72,

136 to 142, 299.
limitation of actions upon, 298 to 310.
for private nuisance, 300.

slander, 301, 302, 303.
trover, 304.
replevin, 305.
detinue, 306.
trespass, 307.
criminal conversation, 308.

pleading the statute in actions upon, 309, 310.
TRESPASS.

See Torts.
action of, may be barred when assumpsit on same demand will not be, 72.
whether action of, or action on the case, be the proper action for criminal

conversation, 308.
TROVER.

See Torts.

action of, may be barred, when assumpsit on same demand will not be, 72.
TRUST.

See Agency and Factorage.
direct trusts are not barred, and the principle of the rulę, 166, 468.
instances of direct trusts wbich are not reached by the statute, 167, 468.
common mode of creating, by the appointment of executors and adminis-

trators, 168.
retention of funds by them consistent with their character, 168.
may therefore be held to answer after a long period, 168.
devise of land to trustees or executors is a direct trust, and the statute does

not run after testator's death, 169, 468.
otherwise with a charge upon personal estate, 169.
where executors, &c., may be sued at law, and a limitation fixed for actions

against them, the above equitable doctrines do not apply, 170.
statute does not apply in some cases to matters of account, 171.
but a presumption of settlement may arise short of twenty years, 171.

TRUST - Continued.

so where legatees become trustees for the creditors on account of deficiency

of assets to pay all the debts, 172.
presumption of payment of unpaid legacies from long forbearance, 172.
statute does not run against property held in pawn, 173.
but right of redemption may be lost by lapse of time, 173.
direct trusts liable to be barred by the statute when an adverse claim set

up by trustee, 174 to 178, 472.
trusts cognizable at law, not withdrawn from the operation of the statute,

such as implied and constructive trusts, 178, 468 to 471.
acts of trustee as would, if done by one cotenant of land, be an ouster of

the others, constitute adverse possession, 472.
or such acts as if done by a tenant, would be an ouster of the landlord,

472.
rule, that the possession of trustee in common cases, is not adverse, cannot

be extended to the possession of a third person, 473.
in what point of view a mortgagee is a trustee of mortgagor, 452 to 465.
possession of cestui que trust not adverse, unless, &c. 474, 475.

a

UNITED STATES.

See Nullum Tempus, Courts.
USURY.

to entitle a person to a moiety for the penalty of usury, prosecution must be

within the time prescribed for the commencement of process, 109.

[ocr errors]

WAGER OF LAW.

supplied the want of limitation of actions on contract, 19.
WARRANT OF ATTORNEY.

See Specialties.
WRIT OF RIGHT.

See Real Actions.
or droitural, the highest writ in the law, and lies in what cases, &c. 343 to

349.
lies concurrently with other actions, 343.
and after other remedies lost, 343.
judgment in, final, 343.
of the mise in, 343.
in England, actual seisin necessary to maintain, 344.
so in Kentucky, 345.
but in this country generally, not so, 345.
where demandant relies on the seisin of ancestor, 346.
tenant in, may give evidence of title in third person, 347.
demandant in, may recover according to his interest proved, 348.
as to the admissibility of two counts in, for the same land, 349.
different limitations of, between possession against the ancestor and against

the demandant himself, 350.
distinction between ancestor and predecessor, 351.
incongruity and injustice of the limitation of, 352.

[merged small][merged small][ocr errors]
« FöregåendeFortsätt »