Helm's Ex'r v. Rogers
Court of Appeals of Kentucky
Case 89 — EQUITY APPEAL FROM THE HARDIN CIRCUIT COURT. The claim is stale and the trust is denied. (McKnight v. Taylor, 1 How., U. S., 161; 18 Yesey, 286; Bettis v. Allen, 10 Bush, 40.) The trust being denied by the answer, and not established by the proof, the statute of limitation applies. (Buckner v. Patterson, Litt. Sel. Ca., 234; Johnson’s Oh’y, 69.) The slave had no legal existence.
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Case 89 — EQUITY APPEAL FROM THE HARDIN CIRCUIT COURT. The claim is stale and the trust is denied. (McKnight v. Taylor, 1 How., U. S., 161; 18 Yesey, 286; Bettis v. Allen, 10 Bush, 40.) The trust being denied by the answer, and not established by the proof, the statute of limitation applies. (Buckner v. Patterson, Litt. Sel. Ca., 234; Johnson’s Oh’y, 69.) The slave had no legal existence. (Taylor v. Embry, 16 B. Mon., 340; Graves v. Allen, 13 lb., 190.) It is a well settled principle that courts of equity will hold limitation as a bar when the trust has been ended by a payment, and time is…
1Opinion of the CourtChief Justice Haegis
It is well settled in this State that the statutes of limitation do not apply to express and continuing trusts, which •are exclusively cognizable in equity. Such trusts are not ■embraced by the letter or spirit of any part of the existing .statutes of limitation; hence they are subject to the rules of equity, which nearly always bear some analogy to the law ■on the subject of limitation, and when such analogy can not be safely followed, they act upon their own inherent doctrine of discouraging antiquated demands when there has been gross neglect in prosecuting rights, or long and unreasonable…
2Cited by13 opinions
- Culton v. AsherCourt of Appeals of Kentucky · 1912
- Smick's Admr. v. Beswick's Admr.Court of Appeals of Kentucky · 1902
- Neel's v. Noland's HeirsCourt of Appeals of Kentucky · 1915
- Taylor v. Fox's ExecutorsCourt of Appeals of Kentucky · 1915
- Huff v. ByersCourt of Appeals of Kentucky (pre-1976) · 1925
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