Groves v. Groves
Mississippi Supreme Court
Error to the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. 1. The defendants in error are barred by the Statute of Limitations, Code 1857, p. 403, art. 31; Code 1871, § 2175. Ten years have elapsed since the beneficiaries became of age. Continuing express trusts form the only class excepted from the operation of the statute. Murdock v. Hughes, 7 S. & M. 219; Edwards v. Ingraham, 31 Miss. 272. This is not a trust of that character.
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Error to the Chancery Court of Leake County. Hon. T. B. Graham, Chancellor. 1. The defendants in error are barred by the Statute of Limitations, Code 1857, p. 403, art. 31; Code 1871, § 2175. Ten years have elapsed since the beneficiaries became of age. Continuing express trusts form the only class excepted from the operation of the statute. Murdock v. Hughes, 7 S. & M. 219; Edwards v. Ingraham, 31 Miss. 272. This is not a trust of that character. The statute began to run on the death of the feme covert, notwithstanding the husband’s life-estate. 2. The deposition should have been suppressed,…
1Opinion of the CourtChalmers, J.
John and Presley Groves filed their bill against their father’s widow, their stepmother, for the purpose of setting up for themselves a resulting trust in the family homestead, on the ground that it had been bought with the money of their mother (the first wife), and the deed taken by their father in his own name. One of their most important depositions should have been suppressed. The commissioner who took it *661was their uncle. A commissioner “ must bear such relation to the parties as will secure his impartiality in the execution of the commission. He, in other words, should not directly or…
2Cases cited3 opinions
- Bryant v. IngrahamSupreme Court of Alabama · 1849
- Tillinghast, Stark & Co. v. WaltonSupreme Court of Georgia · 1848
- Taylor v. SmithMississippi Supreme Court · 1876
3Cited by3 opinions
- Maxwell v. HamelNebraska Supreme Court · 1940
- Clark v. FosterMississippi Supreme Court · 1915
- Jordan v. BobbittMississippi Supreme Court · 1907