This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1872 edition. Excerpt: ...LEGACY waicn Is IADI AN
EXPRE& CHARGE o.' nan. asters, coxsrlruras as sxrm-: as
TRUST.--A legacy, which is made by the will an express charge on
real estate devised, constitutes an express trust exclusively
cogiiizablc, as to its enforcement against the realty, in a court
of equity, and ls subject to the operation of the limitation
prcscribed by art. 31, p. 403, Rev. Code, 1857, and not to art. 300
the chapter on limitations. APPEAL from chancery court of Warren
county. TaluBLE, J. The facts of this case are so fully set forth
in the opinion of the court as to relieve from any further
statement. Buck & Clark, for appellant. 1st. The court below
erred in sustaining the demurrer of the defendants, Samuel
Templeton and John and Thomas Cochran. The error originated, we
conceive, in the court applying to the case, article 30 of section
3, statute of limitations, Rev. Code, 403. The bill seeks the
enforcement of an express trust, for which there was no adequate
remedy at law, and the law of the thirty-first article of our
statute of limitations, prescribing ten years as the bar in such
cases, was the law to be applied. Article 30, preceding, limits its
application to cases where the cause of action is the common
subject of remedy at law and equity. The enforcement of the trust
contained in the will is the subject of exclusive chancery
jurisdiction. Adam & Speed, for appellees. The appellant
attained his majority August 26, 1856. This suit was instituted
June 1, 1869. It is clearly within the bar of the statute of
limitations, art. 5, 2, Rev. Code, p. 399, and is of the class of
cases referred to in art. 30, 3, p. 403. It does not come within
the description of causes mentioned in 31, as exclusively
|Country of origin:
Mississippi Supreme Court
||246 x 189 x 15mm (L x W x T)
||Paperback - Trade
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