Milner v. Hyland

<p>Statute of Limitations. — Pleading.—Demurrer.—Practice.—Under the code every aetion must be brought within the time limited by the statute, but, if the lapse of time is relied upon, ittnust, as a general rule, be pleaded to the aetion. If, however, it affirmatively appears from the complaint that the cause of action is barred, notwithstanding the exceptions in the statute, the objection may be taken by demurrer.</p> <p>Same. — 'Trust and Trustee. — Husband and Wife. — Where a wife furnishes money to her husband with which to purchase land for her, and he makes the purchase, but takes the title in his own name without the knowledge or consent of his wife, he becomes a trustee for her, and the statute of limitations does not commence to run against her until her husband disavows his trust.</p> <p>Same. — Action to Quiet Title. — In an aetion to quiet title by one in possession against another out of possession, an answer that the cause of aetion did not accrue within fifteen years is insufficient, as the answer is not applicable to the case made by the complaint.</p> <p>Practice. — Answer.—Demurrer.—There is no error in sustaining a demurrer to a paragraph of answer, where all the facts admissible under it are admissible under the general deuial which remains on file.</p> <p>Trust. — Secret Trust. — Bona fide Purchaser. — A. secret trust can not be enforced against the purchaser of the legal title for value and without any notice of the trust. This rule protects purchasers at sheriff’s sa les as well as at private sales. Tracy v. Kelley, 52 Ind. 535, explained.</p> <p>Same. — Counter-Claim.—Evidence.—In an action to enforce a trust on real estate, it is error to sustain a demurrer to a counter-claim by a defendant, averring title to such land under a bona fide purchase at sheriff’s sale, without notice, and such error is not rendered harmless by evidence tending to show constructive notice.</p>