Pietsch v. Wegwart

If the defense of the statute of limitations interposed by the defendant Conant to the cross-complaint is sustained, then it becomes unnecessary to consider the merits of the controversy. Counsel for Wegwart maintain that the action set forth in plaintiff’s complaint is equitable and one which prior to February 28, 1857, was solely cognizable by a court of chancery. It is admitted that *503more than six years had elapsed between the time of the sales of the standing timber on the 960 and 560-acre tracts, but that at the time' of the commencement of the action ten years had not yet elapsed. It…