Hotchkin v. McNaught-Collins Improvement Co.

Citations

• 102 Wash. 161

Syllabus

<p>Limitation of Actions — Statutes — Application to Equity. Under Rem. Code, § 153, abolishing all distinctions between actions at law and equity by providing a single form of action, and Id., § 155, providing that actions can only be commenced within the periods prescribed after the cause accrues, and Id., §§ 156, 157, 159, and 165, providing limitations for actions for the recovery of real estate, on contract, in writing and not in writing, and for fraud, and for relief not thereinbefore provided for, the statute of limitations will be applied by courts of equity as it would be applied at law, except as between the trustee and cestui que trust of a direct, express, continuing trust in the exclusive jurisdiction of a court of equity, in which case the statute does not run as long as the trust subsists.</p> <p>Trusts—Express Trusts—Actions—Lien—Limitations. Where the trustees of an express continuing trust asserted adverse claims for more than two years and made the same known to the cestui que trust who then elected her remedy and litigated her claims to final judgment without asserting the proper equitable remedy to enforce the trust, an action therefor is barred by the statute of limitations.</p>