Smith v. Smith

It is contended by the plaintiff in error that a subsisting trust is shown by the allegations of the petition, and therefore that it is not within the ordinary statutes of limitations. However, such a trust is one cognizable only in a court of equity (Code, § 3-713), and the petition does not purport to set out a cause of action other than one at law. It is well settled that whether a petition is based on an equitable or a legal cause of action depends upon the character of the relief sought, as shown by the prayers, which indicate whether the alleged cause of action is intended by the…