Hale v. Coffin

Citations

• 120 F. 470
• 57 C.C.A. 528
• 1903 U.S. App. LEXIS 4497

Syllabus

<p>1. Wills — Limitation of Action to Charge Legatee — Maine Statute.</p> <p>The statute of Maine (Rev. St. Me. c. 87), which provides that, where a claim against the estate of a decedent is not filed in the prohate office as therein authorized, “the claimant may have remedy against the heirs or devisees of the estate within one year after it becomes due,” is a statute of limitations applicable to all claims founded upon a legal demand, in whatever court they may be asserted, state or federal, and whether in an action at law, which is recognized by the practice of the state as a proper remedy, or whether cognizable in a federal court of equity, independent of statute.</p> <p>2. Same.</p> <p>In the absence of fraud, the fact that a claimant is a nonresident of the state does not prevent his claim from being barred by such statute.</p> <p>8.' Equity — Applying Statute of Limitations — Suit on Legal Demand.</p> <p>A proceeding to enforce the statutory liability of a stockholder, whether at law or in equity, is based on a legal, and not an equitable, right; and, where the right to enforce it at law is barred, a court of equity will apply the same limitation by analogy.</p>