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" Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. "
United States Reports: Cases Adjudged in the Supreme Court - Page 237
by United States. Supreme Court - 1940
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Laws of the State of New York, Volume 2

New York (State) - 1876 - 398 pages
...the fraud. 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 pages
...the fraud. 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 pages
...the fraud. . 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon...
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The New York Justice's Manual, Containing All the Laws of the State Relating ...

New York (State) - 1880 - 668 pages
...the fraud. 6. An action to establish a will. "Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 pages
...fraud. (3) 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon...
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A Treatise on the Limitation of Actions at Law and in Equity: With an ...

Horace Gay Wood - 1882 - 990 pages
...fraud. (3) 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, thn cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon à which its validity depends. * 7. An action...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 26

United States. Supreme Court - 1885 - 1302 pages
...commenced within three years after the right accrues, but in an action for relief on the ground of fraud, the cause of action is not deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud. All the facts now alleged to constitute the fraud...
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The Pacific Reporter, Volume 144

1915 - 1230 pages
...three-year limitation to "an action against a * * • stockholder of a moneyed corporation, • * * to enforce a liability created by the common law or by statute." By section 382 of the same Code, an action upon a contract obligation or liability was barred in six...
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The Northeastern Reporter, Volume 14

1888 - 972 pages
...in "an action to procure a judgment other than for a sum of money on the ground of fraud, * • • the cause of action * * * is not deemed to have accrued until the discovery * * * of the facts cunstitutinj the fraud." Appeal from general term, supreme court, Second department....
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 pages
...hundred and forty-six, «'as cognizable by the court of charnuy. The causeo! action, in such a case, is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of tlie facts constituting the fraud. ti. An action to establish...
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