When a father has entered upon the estate of his infant children the presumption is that he entered as their guardian and bailiff, and therefore the Statute of Limitations does not begin to run against the children until they attain twenty-one, and from that time at least a child has twenty years within which he may recover possession. Semble, entry by a stranger might not have this effect.
If the father retain possession after the children attain twenty-one such possession will be considered to be continued in the character in which he entered, so that an account will be directed, not from the filing of the bill, but, if necessary, from the time of entry.
In an adverse suit, in the nature of an ejectment suit, against a person in no fiduciary relation to the plaintiff, this account is only directed from the time of filing the bill.
If a wife concurs with her husband in mortgaging property over which. she has a power, the husband is primarily liable, unless the wife received the money for her separate use; and the Court will direct an inquiry as to this fact.
Citations:
[1855] EngR 42, (1855) 2 K and J 79, (1855) 69 ER 701
Links:
Jurisdiction:
England and Wales
Children, Limitation
Updated: 11 May 2022; Ref: scu.291964
