Lexington & Ohio Railroad v. Bridges
Court of Appeals of Kentucky
Error to the LoursvrLLE Chancery Court. Chancery. Case 13†. Case stated in he bill. - — _ ecTupon^n^iiB answer, In cases of direct, express and continuing trusts of a purely equitable nature, the Chancellor does not apply the statute of limitations ; but where the trust is not strictly of that character, and where the party seeking re'diess has a legal remedy, and a Courloflaweoncurrent jurisdiction, the rule does not apply; the statute will be applied in a Court oí chancery…
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Error to the LoursvrLLE Chancery Court. Chancery. Case 13†. Case stated in he bill. - — _ ecTupon^n^iiB answer, In cases of direct, express and continuing trusts of a purely equitable nature, the Chancellor does not apply the statute of limitations ; but where the trust is not strictly of that character, and where the party seeking re'diess has a legal remedy, and a Courloflaweoncurrent jurisdiction, the rule does not apply; the statute will be applied in a Court oí chancery as in a Court of law. Might not a creditor of an incorporated company_ maintain a suit at law against the trustees of…
1Opinion of the Court
Judge Simpson
delivered the opinion of the Court. —
Chief Justice Marshall did not sit in this case.
Bridges having an unsatisfied judgment against the Railroad Company, upon which an execution had been returned no property, brought this suit in Chancery, to obtain satisfaction of his judgment, making various individuals defendants, alledging that some of them were indebted to the company on account of the reception of illegal dividends, others on account of stock subscribed,, and that others had acted as Directors and Managers of the affairs of the company, and by declaring a distribution of…
2Cases cited2 opinions
- Bank of United States v. DallamCourt of Appeals of Kentucky · 1836
- Cundiff v. Zachary'sCourt of Appeals of Kentucky · 1833
3Cited by6 opinions
- Becker v. BillingsIllinois Supreme Court · 1922
- United Society of Shakers v. UnderwoodCourt of Appeals of Kentucky · 1873
- Enterprise Foundry & MacHine Works v. Miners' Elkhorn Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931
- Jones v. JohnsonCourt of Appeals of Kentucky · 1874
- Latimer v. Equitable Loan & Investment Ass'nMissouri Court of Appeals · 1899
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