Page:Federal Reporter, 1st Series, Volume 5.djvu/321

 CHAPMaK ». SUCCESSION -OE WILBON. 309 �Bon> have filed an answer denying alliihe charges of the bill, and setting up the defence of prescription of 10 years. For- merly, by Civil Code of Louisiana, (art. 3507,) the action for nuUity or resoission of con tracts, testaments, etc., was pre- scribed by five years, where the party entitled to sue was in the state, and by 10 years if he were ont of it. But by the Eevised Code of 1870, (art. 3542,) the time is reduced to five years in ail cases, without regard to plaintiff's residence, sub- ject, of course, that the time çommenced to run only from the date of discovering the error or deception complained of aa the cause of nuUity or rescission. �Although courts of equity are not strictly bound by the local laws of prescription or statutes of limitations> yet they generally f oUow the analogy of those laws, and refuse to enforce claims that have become stale by the iapse of the prescribed period. In cases, however, of cognizance peouliarly equitable, regard is alwayahad to the force of special oircum- stances. "There are càses," saj^s Mr. Justice btory,; "in which the statutes wouid be a bar at law, but in whioh equity would, notwithstanding, grailt xelief ; and, on the other hand, there are cases where the statutes would not be a bar at law, but where equity, notwithstanding, would refuse relief. But àll these cases stand on special circumstances, whieh courts of equity can take notice of, when courts of law may b« 'bound by the positive bar of the statutes." Eq. Jur. § 64a. Again: "It is a most material ground, in ail bills for an aecount, to ascertain whether they are brought to open and 'correct errors in the account rec&nti facto, ox whether the application is made after a great lapSe of time. * * • In matters of account, although not barred by the statutes of limitations, courts of equity refuse to ^interf ere af ter a considerable Iapse of time from considerations of publie policy, from the diffi- culty of doing en tire justice when the original transactions have become obscure by time and the evidence may be lost, and from a consciousness that the repose of titles and the security of property are mainly promoted by a full ehforce- ment of the maxim, vigiiantibut non dormientibus jwra subaerv- iunt." Id. § 529. ����