 | Great Britain. Court of Chancery, John Herman Merivale - Equity - 1817 - 1360 pages
...of the Mortgagee. Cholmondeley v. Clinton. 361 5. So long as a trust subsists, the right of a Cestui que trust cannot be barred by the length of time during which he has been out of possession. Ibid. 361 6. A Cestui que trust can be barred only by barring and excluding the estate of his trustee.... | |
 | Richard Preston - Abstracts of title - 1818 - 486 pages
...subsisted, so long it was impossible that the cestui que trust could be barred. The cestui que trusts could only be barred by barring and excluding the estate of the trustee. In the present case the trust subsists. The mortgagee is trustee of the legal estate for the person... | |
 | Samuel March Phillipps - Evidence (Law) - 1820 - 838 pages
...circumstances. Nelson v Carrington, 4 Munford 332. So long as a trust subsists the right of a cnlid quc trust cannot be barred by the length of time during which he has been out of possession. A ustui (juc tw.l can only be barred by ban ing or excluding the estate of the trustee. Cholmmdeley... | |
 | John Adams - Ejectment - 1821 - 474 pages
...Wilmot, 2 Taunt. 160, 1 Esp. 460. Creach v. Wilmol, 2 (innolis.) Taunt. 160, (in notis.) Doe, d. Challfed by the length of time, during which he has been out of possession. 3 Johns. Chan. Rep. 216. Decouche v. Statelier. Trusts are not strictly within the statute of limitations,... | |
 | William Cruise - Real property - 1824 - 548 pages
...subsisted, so long it was impossible the cestui que trust could be barred. The cestui que trust could only be barred by barring and excluding the estate of the trustee. Now in this, case the trust subsists ; the mortgagee is trustee of the legal estate for the person... | |
 | Thomas Lewin - Trusts and trustees - 1837 - 874 pages
...subsisted, so long it was impossible that the cestuis que trust could be barred. The cestuis que trust could only be barred by barring and excluding the estate of the trustee (s)." Sir W. Grant did not then decide the point, but directed a case for the opinion of the King's... | |
 | Horace Gay Wood - Limitation of actions - 1882 - 990 pages
...subsists, so long it is impossible that the cestuis que trust can be barred. The ccstuis que trust can only be barred by barring and excluding the estate of the trustee. Cholmondeley t1. Clinton, 2 Meriv. 360. Land was devised to A., in trust to apply the rents and profits... | |
 | Law reports, digests, etc - 1886 - 800 pages
...Cholmondeley v. Clinton, 2 Her i vale, 360), that so long as a trust subsists, the right of a ceslui que trust cannot be barred by the length of time during...entitled by law. His very office is a trust, and he con take in no other capacity. Lord Hardwicke said, 2 Ves. 482, that executors and administrators were,... | |
 | Law reports, digests, etc - 1886 - 868 pages
...trust was direct and express; and so long as it subsists, the right of the cestui que trust can not be barred by the length of time during which he has been out of possession: Cholmondeley v. Clinton, 2 Jac. &W. 1; Decouche v. Savetier, 3 Johns. Ch. 190 [8 Am. Dec. 478]. In... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1892 - 664 pages
...Cholmondeley v. Clinton, 2 Mer. 360,) that so long as the trust subsists, the right of the cestui que trwt cannot be barred by the length of time during which...barring and excluding the estate of the trustee." So it was held in Prevost v. Gratz, 6 Wheat. 482, that, generally, length of time is no bar to a trust... | |
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Her i vale, 360), that so long as a trust subsists, the right of a ceslui que trust cannot be barred by the length of time during which he has been out of possession, and that he can only be barred by barring and excluding the estate of the trustee. 
