Pickens v. Merriam
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Beni. P. Bledsoe. Judge. Suit by Louisa Pickens and another against J. H. Merriam and others. From a decree dismissing the bill, plaintiffs appeal.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Beni. P. Bledsoe. Judge. Suit by Louisa Pickens and another against J. H. Merriam and others. From a decree dismissing the bill, plaintiffs appeal. Suit for an accounting on the part of the defendants for certain property ■belonging to the estates of Ferdinand Fensky and Jeanette Fensky, deceased, alleged to have been acquired by the defendants through various fraudulent acts perpetrated by them and by Jeanette Fensky and to be wrongfully withheld from the complainants, who…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). D The statutory period in which an action may be brought in California for relief on the ground of fraud is three years. The appellees invoke this statute, and the analogous doctrine of laches in equity for a corresponding period, as a bar to this cause of action. But the cause of action in-such case is not deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Section 338, subd. 4, California Code of Civil Procedure. This last provision is derived from the principles of equity jurisdiction. Bailey…
2Cases cited13 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
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