Ruth v. Wells
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action by Christian S. Ruth against Nathan W. Wells and others to enforce the liens of two judgments. From a judgment for defendants, plaintiff appeals. The facts are stated in the opinion. No statute of limitations, nor any bar by analogy to the statute, can be relied on as between a trustee of an express trust and his Cestui qui trust.
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Appeal from circuit court, Lawrence county. Hon. A. J. Plowman, Judge. Action by Christian S. Ruth against Nathan W. Wells and others to enforce the liens of two judgments. From a judgment for defendants, plaintiff appeals. The facts are stated in the opinion. No statute of limitations, nor any bar by analogy to the statute, can be relied on as between a trustee of an express trust and his Cestui qui trust. Kané v. Bloodgood, 7 John Ch. 90; Speidal v. Henrici, 15 Fed. 753; Preston v. Walsh, 10 Fed. 3, 15; Oliver v. Piatt, 3 How. 333; Pulliain v. Pulliain, 10 Fed. 23; Taylor v. Benham, 5 How.…
1Opinion of the CourtFuller, P. J.
To enforce the lien of two judgments rendered and docketed in the year 1887 on the 31st day of August and the 13th day of October, respectively, this action in equity was commenced on the 31st day of July, 1897, but, owing to an adjournment of the first term at which the action was triable from September 14, 1897, to Nov. 23d immediately following, more than 10 years had elapsed since the docketing of the judgments, and the court, adopting the theory of defendants’ counsel, dismissed the action for the reason that the liens sought to be enforced were lost by operation of law, and plaintiff…
2Cases cited13 opinions
- McAfee v. ReynoldsIndiana Supreme Court · 1891
- Hutcheson v. GrubbsSupreme Court of Virginia · 1885
- Boyle v. MaroneySupreme Court of Iowa · 1887
- Newell v. DartSupreme Court of Minnesota · 1881
- Isaac v. SwiftCalifornia Supreme Court · 1858
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3Cited by6 opinions
- McGinnis v. SeibertSupreme Court of Oklahoma · 1913
- First National Bank v. HarperSupreme Court of Kansas · 1946
- Groth v. NessNorth Dakota Supreme Court · 1935
- First Nat. Bank of Montgomery v. PowellSupreme Court of Alabama · 1934
- Petrovitch v. WitholmIndiana Court of Appeals · 1926
1 more not listed; retrieve them via the Exa API.