 | Great Britain. Court of Chancery, John Herman Merivale - Equity - 1817 - 1360 pages
...Bedesdalc, in Hovenden v. Lord Annesley (a), makes this observation — " If a trustee is in possession, " and does not execute his trust, the possession of the *' trustee is the possession of the Ceslui quc trust ,- and, " if the only circumstance is, that he does not perform " his trust, his possession... | |
 | Great Britain. Court of Chancery, John Herman Merivale - Equity - 1818 - 596 pages
...Sedesdale, in Hovenden v. Lord Annesley («), makes this observation — " If a trustee is in possession, " and does not execute his trust, the possession of...because his possession is according to his title" — and then he goes on to illustrate that. This is our case ; . 1817. for our trustee does nothing... | |
 | Richard Preston - Abstracts of title - 1818 - 486 pages
...Thus, in Hovenden v. Lord Annesley (k), Lord Eedesdale observed, that if a trustee is in possession, and does not execute his trust, the possession of...possession of the cestui que trust ; and if the only c1rcumstance is, that he does not perform his trust, his (k) 2 Schoales and Lefroy, 6^7. possession... | |
 | Richard Preston - Abstracts of title - 1818 - 484 pages
...trustThus, in Hovenden v. Lord Annesky (k), Lord Redesdale observed, that if a trustee is in possession, and does not execute his trust, the possession of the trustee is the possession of the cestui qu£ trust,; and if the only circumstance is, that he does not perform his trust, his (k) » Schoalw... | |
 | Sir John Comyns - Digests, etc - 1822 - 1074 pages
...cases of trust in equity, the distinction is, if the trust be constituted by the act of the parties, the possession of the trustee is the possession of the cestui que trust, and no length of such possession will bar ; but if a party is to be constituted a trustee by the decree... | |
 | New York (State). Court of Chancery, William Johnson - Equity - 1824 - 748 pages
...: He adds, further, in this case, that if the trustee is in possession, (speaking of real estate,) and does not execute his trust, the possession of the trustee is the possession of the cestiti que trust ; and if the only circumstance be, that he does not perform his trust, his possession... | |
 | New Jersey. Court of Chancery - Law reports, digests, etc - 1896 - 776 pages
...usually not within the statute of limitations as applied in equity, for the reason that ordinarily the possession of the trustee is the possession of the cestui que trust. Their attitude toward each other is not hostile or antagonistic, and there is no cause of action to... | |
 | Thomas Lewin - Trusts and trustees - 1837 - 874 pages
...and/ra«</ are not within the statute must be thus qualified : that if a trustee is in possession, and does not execute his trust, the possession of...because his possession is according to his title: but the question of fraud is of a very different description; that is a case where a person who is... | |
 | John David Chambers - Children - 1842 - 1000 pages
...if a trustee be in possession and does not execute his trust, the possession of the trustees is that of the cestui que trust, and if the only circumstance...because his possession is according to his title. In the late case of Wedderburn v. Wedderburn (of), the Master of the Rolls admitted, that in cases... | |
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If a trustee Is In possession, and does not execute his trust, the possession of the trustee Is the possession of the cestui que trust; and. If the only circumstance Is that he does not perform his trust, his possession operates nothing as a bar, because... 
