Page:Federal Reporter, 1st Series, Volume 4.djvu/687

 ETTINa V.KARX'S aXEODTOB. 673 �Etting and others v. Marx's ExbouTob. \Circuit Cawrt, E.D. Virginia. June, 1880.) �1. EqTJITT — StATXITB OP LlMlTATIOlîS — CONCURHENT JURISDICTION. — ^A. �court of equity js only bouad to apply the statute of limitations where its jurisdiction is concurrent with that of a court of law. �2. Bame— Samb — ExcLUBiVB JjiKiBDicTioN. — A court of cqulty gençrally �acts in analogy to the statute of limitations, but is not bound by it, Tvhere its jurisdietion is exclusive of that of a court of law. �5. Bamb— Samb — Lachbs. — A court of equity, however, doea not act in �analogy to the statute of limitations where there has been gross laches in prosecuting rights, or long and unreasonable acquiescence in the assertion of adverse rights. �4. Bamb— Samb — Teustee and Cbstui Que Teust.— It is a general rule that, as between a trustee and his ceistui qvs trust, neither the statute of limitations, nor the rule of analogy, nor lapse of time will, in gen- erai, affect the right of the beneflciary to redress ; yet equity will in such cases, when the circumstances require it, enforce against the eesti que trust, especially where the rights of third persons are con- cerned, its own peculiar maxim, vigilantibwt et non dormientibus jura tuhserviunU �6. Samb — Same — Samb. — Among such ezceptional cases are (1) those in �which the public convenience requires that there shall be a speedy end of strife; (2) those in which some of the principal parties, in transactions sought to be reviewed, are dead and their vouchers lost.; (3) those in which the court could not be certain, from lapse of time, that relief, apparently proper, would certainly be just ; and (4) those in which the disturbance cf purchasers or transactions acquiesced in for a greater or less time would prejudice the vested rights of third persons. �6. Samb — Same — Samb — Acquiescence. — Heli, under the circum- stances of this case, that an acquiescence for 12 years in au in- vestment of a trust fund in eonfederate bonds would prevent the cesiuis que trust from recovering the scaled value of the confed- erale money with which such bonds were purchased, at the ex- pense of the subsequent creditors of the trustee. �?. ïiiUSTEE AND Cestui Qub Trust — CovBETUEE. — Heïd, further, that such cesiuis que trust were not barred from suing the trustee by covert- ure, or by being otherwise not sui juri». �In Chancery. �Samuel Marx, of Eichmond, Virginia, died in the fall of 1860, leaving a large estate, consisting in part of real estate, T.e.no.S— eS ����