Woursell v. Woursell

Motion by the defendant to dismiss the complaint on the ground that the cause of action therein alleged did not accrue within the time limited by law for the commencement of an action thereon.

This action is brought by a husband for a judgment declaring that defendant wife holds real property as trustee for the plaintiff and directing that she convey it to him. According to the complaint the plaintiff, on or about November 26, 1943, purchased the one-family house therein described and paid the cash consideration therefor in the sum of $6,480, subject to an existing mortgage held by a savings…