Armstrong's Heirs v. Campbell
Tennessee Supreme Court
Courts of equity, to the same extent as courts of law, are bound by the statute of limitations in all cases of bailments, loans, powers, deposites, &c. although express trusts, when there are concurrent remedies at law and in equity. At law the statute of limitations applies, and may be pleaded in every case, in which the species of action brought is embraced by the words of the statute; as “case,” in all its varieties.
Read the full summary
Courts of equity, to the same extent as courts of law, are bound by the statute of limitations in all cases of bailments, loans, powers, deposites, &c. although express trusts, when there are concurrent remedies at law and in equity. At law the statute of limitations applies, and may be pleaded in every case, in which the species of action brought is embraced by the words of the statute; as “case,” in all its varieties. In trusts by implication, where the property of the complainant has been obtained by the defendant by fraud, or unlawful means, and where no action at law will lie, the…
1Opinion of the Court
Catron, Ch. J.
delivered the opinion of the court.
The first question to be considered in this case, is, whether the complainants are barred in part or in whole by the statute of limitations. This point is one in which society is greatly interested. ■ To what description of trusts attempted to be enforced in a court of equity, the statute of limitations does apply, has been a matter of frequent difficulty from the earliest history of the British court of chancery.
The subject has been considered of in modern times-by judges of great learning and ability, but in a manner too diffuse for the…
2Cases cited1 opinion
- Wormley v. WormleySupreme Court of the United States · 1823
3Cited by3 opinions
- Grace Thru Faith v. CaldwellCourt of Appeals of Tennessee · 1996
- Clark v. American National Bank & Trust Co. of ChattanoogaCourt of Appeals of Tennessee · 1974
- Third Nat. Bank in Nashville v. Nashville Trust Co.Tennessee Supreme Court · 1950