Cases Argued and Decided in the Supreme Court of Mississippi Volume 45
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 cognizable in...
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- 13 Sep 2013
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