Hargis v. Sewell's Administrator
Court of Appeals of Kentucky
Case 12 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT.. 1. The statute of limitations does not begin to run against a married woman until after she shall have become discovert. (Gen. Stats., chap. 71, art. 4, sec. 2.) 2. The statute does not apply to an express trust, and a subsisting and continuing trust is an express trust.
Read the full summary
Case 12 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT.. 1. The statute of limitations does not begin to run against a married woman until after she shall have become discovert. (Gen. Stats., chap. 71, art. 4, sec. 2.) 2. The statute does not apply to an express trust, and a subsisting and continuing trust is an express trust. (Pomeroy on Remedies and Remedial Rights, sec. 171; Bohannan v. Streshley, 2 B. M., 438; Pomeroy on Trusts, sec. 863.) The relation of administrator and distributee is not such a trust as falls within the inhibition of the running of the statute of limitations.…
1Opinion of the Court
CHIEE JUSTICE PRYOR
delivered the opinion op the court.
William Sewell died in the county of Breathitt in the year 1855, leaving his widow Emaline surviving him, and several children. His father, Thomas Sewell, administered on his estate, and, as is alleged, made a final settlement of his accounts as such with the judge of the Breathitt County Court in June, 1859, showing a balance due the children and widow of six thousand four hundred and forty-seven dollars that was approved and confirmed. Some years after this settlement was made the records of the court were destroyed, and all evidence of…
2Cases cited2 opinions
- Trousdale's administrator v. AndersonCourt of Appeals of Kentucky · 1872
- Hendrick v. Robinson's AdministratorCourt of Appeals of Kentucky · 1838
3Cited by29 opinions
- Hill v. RaglandCourt of Appeals of Kentucky · 1902
- Brumleve v. CronanCourt of Appeals of Kentucky · 1917
- Dowell v. Dowell's Admr.Court of Appeals of Kentucky · 1910
- Wood v. WingfieldKentucky Supreme Court · 1991
- City of Louisa v. HortonCourt of Appeals of Kentucky (pre-1976) · 1935
24 more not listed; retrieve them via the Exa API.