Wilbur v. Hampton

Brown, J7

(dissenting). — The principal question to be decided is, whether, when this cause was transferred from the equity side to the law side of the docket, the three-year statute of limitations could be pleaded as a complete bar to the action as alleged in the declaration then filed. The cause-of action accrued with the breach of the verbal contract, which was alleged to have occurred on or about March 15, 1925. The bill in equity, alleging that breach, seeking an accounting and to impress and enforce a lien against the lands where the additional earth had been placed, was filed December…