Bruce v. . Tilson

Prior to the enactment of the Code of Procedure, the subject matter of this action was cognizable only by a court of equity, courts of common law having no jurisdiction to entertain a suit for the specific performance of a contract. The cause of action was therefore within the ten years' limitation prescribed. (2 R.S., p. 301, § 52.) The language of that section is: "Bills for relief, in case of the existence of a trust not cognizable by the courts of common law, and in all other cases not herein provided for, shall be filed within ten years after the cause thereof shall accrue, and not…