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acknowledgment action accrued actual administrator admission adverse possession applied assumpsit authority Bank barred begins to run bill brought cause of action cestui que trust Chief Justice cited claim color of title commenced considered construction contract court of equity creditor debt debtor decisions declaration deed defendant demand disability disseisin doctrine evidence executor feme covert fraud heir held indorsement Jackson Johns Jones judgment jury land lapse lex loci contractus liable Lord Lord Mansfield Mass ment merchants mortgage mortgagor 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 twenty Watts Wend writ of right
Page 670 - That in Actions of Debt or upon the Case grounded upon any Simple Contract no Acknowledgment or Promise by Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the...
Page xvi - ... 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...
Page 662 - ... 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.
Page clxvii - ... 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.
Page lxi - ... years before the commencement of the act in respect to which such action is prosecuted or defense made.
Page vii - ... 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.
Page 668 - 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.
Page cxxii - 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...