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" In any action or other proceeding against a trustee or any person claiming through him, except where the claim is founded upon any fraud or fraudulent breach of trust to which the trustee was party or privy, or is to recover trust property, or the proceeds... "
Ruling Cases - Σελίδα 326
επεξεργασία από - 1896
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Hansard's Parliamentary Debates

Great Britain. Parliament - 1888 - 1064 σελίδες
...Lord HERSCHELL, Amendment made in page 3, by leaving out Clause 7, and inserting — 7. (1.) — " In any action or other proceeding against a trustee or any person claiming through him in which the claim is not founded upon any fraud or fraudulent breach of trust to which the trustee...

Pump Court: The Temple Newspaper and Review, Τόμος 8

1888 - 432 σελίδες
...trust upon being requested so to do. 8. Statute of Limitations may be Pleaded by Trustees. — • (i) In any action or other proceeding against a trustee,...to recover trust property, or the proceeds thereof, retained or received by the trustee and converted to his use, the following provisions shall apply...

The Law Quarterly Review, Τόμος 6

Frederick Pollock - 1890 - 498 σελίδες
...trustees to plead the Statute of Limitations. It does not, however, apply to the following cases: (i) where the claim is founded upon any fraud or fraudulent...breach of trust to which the trustee was party or privy ; (2) where the claim is to recover trust property, or the proceeds thereof, still retained by the...

The Consolidated Laws of Gibraltar

Gibraltar, Robert Ffrench Sheriff - 1890 - 840 σελίδες
...trustee or Statute of any person claiming through him, except where the claim is founded Limitations upon any fraud or fraudulent breach of trust to which the trustee was Beaded by a party or privy, or is to recover trust property, or the proceeds trustee, thereof still...

A Treatise on the Law and Practice Relating to Infants

Archibald Henry Simpson - 1890 - 772 σελίδες
...under which the Statutes of Limitation may be pleaded do not apply where the claim against the trustee is founded upon any fraud or fraudulent breach of trust to which he was party or privy, or is to recover trust property retained by him, or received by him and converted...

Commentaries on the Present Laws of England, Τόμος 1

Thomas Brett - 1891 - 660 σελίδες
...1888, with regard to Trustee proceedings commenced after the 1st of January, 1890, that in Acti 1888 . any action or other proceeding against a trustee or...person claiming through him (except where the claim ie founded upon ang fraud or frandulent breach of trust to which the trustee was partg or privg, or...

Principles of the Law of Real Property: Intended as a First Book for the Use ...

Joshua Williams - 1892 - 780 σελίδες
...thereof retained by the trustee or previously received by him and converted to his own use, or for any fraud or fraudulent breach of trust to which the trustee was party or privy (a). In every case of a concealed fraud, the right of .any person to sue in equity for the recovery...

A Practical Treatise on the Statutes of Limitations in England and Ireland

Jonathan George Norton Darby, Frederick Albert Bosanquet - 1893 - 896 σελίδες
...him may avail himself of !_' the statute in all cases except where the claim is founded Trustee upon fraud or fraudulent breach of trust to which the trustee was party or privy, or where the claim is to recover trust property or the proceeds thereof still retained by the trustee...

Shelford's Real Property Statutes: Comprising the Principal Statutes ...

Leonard Shelford, Thomas Henry Carson - 1893 - 944 σελίδες
...where the claim is Limitations founded upon any fraud or fraudulent breach of trust to which S^^| by the trustee was party or privy, or is to recover trust property, or trustees, the proceeds thereof still retained by the trustee, or previously received by the trustee...

Principles of the Law of Personal Property: Intended for the Use of Students ...

Joshua Williams, Thomas Cyprian Williams - 1894 - 720 σελίδες
...of time as would bar a simple contract debt (s), as a bar to any action or proceeding against them, except where the claim is founded upon any fraud or...breach of trust, to which the trustee was party or privv, (1) Fenirick v. Greemll, 10 3 & 4 Will. IV. cc. 27, 42; 37 i Beav. 412 ; Urumrulge v. Jinan-...




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