Thorndike v. Thorndike

Citations

• 142 Ill. 450
• 21 L.R.A. 71

Syllabus

<p>1. Chancbby — preventing the bar of the Statwte'of Limitations. Although courts of equity will ordinarily act in obedience and in analogy to the Statute of Limitations, yet they will also, in proper cases, interfere in actions at law to prevent the bar of the statute when to permit the bar would be inequitable and unjust.</p> <p>2. Same — enforcing claim, of long standing. Where the obligation of a party is clear, and its essential character has not been affected by the lapse of time, equity will enforce a claim of long standing as readily as one of recent origin, as between the immediate parties to the transaction.</p> <p>3. Same — enjoining the prosecution in another State, of claim barred, in this State. A court of equity will not enjoin a citizen of this State from prosecuting an action in another State against the estate of a deceased citizen of this State, on the ground that the action is barred by the laws of this State, when it is not barred in such other State.</p>