Benbow v. Levi

Citations

• 50 S.C. 120
• 27 S.E. 655
• 1897 S.C. LEXIS 23

Syllabus

<p>1. Trustee — Cestui Que Trust — Trusts—Limitation oe Actions— Presumption. — If a trustee holding the legal title to land allows the statute of limitations to bar an action, or a presumption of a grant to arise, the right of action for the land is barred, and his cestui que trust is barred also.</p> <p>2. Ibid. — Ibid.—Limitation oe Actions — Married Women. — A married woman is bound by the failure of her trustee to sue at the proper time and in the proper manner.</p> <p>3. Ibid. — Ibid.—'Trusts—Pleadings.—Where a cestui qtie trust, in her pleadings, alleges that a trustee, who has by his acts disavowed his office as trustee, is or was her trustee, she cannot ask the Court to hold another as her trustee for same time, but is bound by her pleadings.</p> <p>4. Nonsuit properly granted, because the parties and the land in the two preceding actions were the same.</p>