Willson v. Louisville Trust Co.
Court of Appeals of Kentucky
Case 86 — PETITION EQUITY •Appeal from jefeerson cikcuit 'court, law and equity Division. 1. Where a trustee by his own act — his own formal deed — estops himself from suing to recover the possession of real estate belonging to the trust, limitation will not commence to run against the remainderman in the trust, until the right of possession is in some one who has not by his own fraudulent act estopped, himself from asserting their right to it.
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Case 86 — PETITION EQUITY •Appeal from jefeerson cikcuit 'court, law and equity Division. 1. Where a trustee by his own act — his own formal deed — estops himself from suing to recover the possession of real estate belonging to the trust, limitation will not commence to run against the remainderman in the trust, until the right of possession is in some one who has not by his own fraudulent act estopped, himself from asserting their right to it. Wood on Limitation, sec. 208, page 428, Ed. of 1883; Parker v. Hall, 2 Head, 641 (Tenn.) 2. Roth, who claims under the void deed from the trustee, had…
1Opinion of the Court
JUDGE- BURNAM
delivered the opinion of the couht.
Murray Phillips, a citizen of Jefferson counly, owned a tract of 367 acres of land by devise from his father, located, near the city of Louisville. In December, 1860, 100 acres of this land, on the southeast corner of the farm, was sold under execution to James Rudd, a brother-in-law of Phillips, for |4,927.74, less than two-thirds of its appraised value. On the 9th day of February thereafter Phillips conveyed the entire tract of 367 acres to his wife’s brother, John A. Shrader, in trust for the use and benefit of his wife and her children by…
2Cases cited4 opinions
- Ewing v. ShannahanSupreme Court of Missouri · 1892
- Wingfield v. VirginSupreme Court of Georgia · 1874
- Coleman v. WalkerCourt of Appeals of Kentucky · 1860
- Barclay v. Goodloe's Ex'rCourt of Appeals of Kentucky · 1884
3Cited by1 opinion
- Brown v. DohertyAppellate Division of the Supreme Court of the State of New York · 1904