Dominguez v. Dominguez

Citations

• 7 Cal. 424

Syllabus

<p>Where the plaintiff filed a bill in equity in 1852, to set aside a sale of land made in 1835, on the ground of fraud: Held, that his right to recover would be barred by ten years’ prescription under the Mexican law, and that the full period having run, he could not recover.</p> <p>Per Murray, G. J.—Courts of Equity generally follow the analogy of the law in cases where Statutes of Limitation are invoked $ one of the defences peculiar to equity being the lapse of time or staleness of the demand.</p> <p>In a chancery case, where the jury are summoned to find certain issues of fact, which, when found, are not obligatory, but simply obtained for the purpose of informing the conscience of the Chancellor, it seems that it is no error to refuse to instruct the jury as to what would be the law on a given state of facts. In such a case the jury find the facts, and if the Court adopt the finding, it applies the law.</p>