3 Utah 308 | Utah | 1883
This is an action for the recovery of the possession of a horse, alleged to be the property of the plaintiff, with a prayer for judgment against the defendant for the possession of the horse, in case possession can be had, but if possession thereof could not be had, then in such case for the value of the horse.
Among other defenses, the statute of limitations was pleaded. A trial by jury was waived, and-the case tried by the court.
Evidence was properly admitted at the trial upon which the court found the following facts: “The plaintiff purchased the horse in question in 1873, and used him until May, 1877,
This case is to be distinguished from those in which the action is based upon a fraud committed by the, defendant upon the plaintiff, who, by reason of the fraudulent or wrongful conduct of the defendant, never discovers the fraud, and has no knowledge of a right of action until after the period of limitation has passed, like First Massachusetts Turnpike Corp. v. Field, 3 Mass. 201; Bailey v. Glover et al., 21 Wall. 342; Atlantia National Bank v. Harris, 118 Mass. 143; in these and similar cases, the plaintiff, by reason of the concealment on the part of the defendant, did not know of the injury or fraud committed until after the expiration of the statutory limitation; and the question as to the application of the statute was between the wrong-doer upon one side and the injured party upon the other. It would seem in such cases that justice and a sense of common honesty ought to prevent a person from using this statute as a means of successfully practicing a fraud upon his victim, unconscious
Does the fact that the plaintiff did not know who had the horse nor where it was affect the rights of either party to this action as to the application of the statute of limitations pleaded as a bar ? The statute contains no exception exempting plaintiffs, who are ignorant of the facts necessary to give them a right of action, from its limitations, and there is none implied by law, unless that ignorance is occasioned by some improper conduct of the defendant: Smith v. Newby, 13 Mo. 159.
Where there is no proof of fraud on the part of the defendant, the general rule is, that the time of limitation runs from the time of the commission of the wrongful act, or the right of action accrues, and not from the time of the knowledge of the act by the plaintiff, there being no proof of any wrongful conduct on the part of the defendant, by means of
Wells v. Halpin, 59 Mo. 92, was an action in the nature of replevin, and the only defense relied on was the statute of limitations; the court, quoting from Foley v. Jones, 52 Id. 64, say: “ It may be conceded that the statute does not protect plaintiffs who are ignorant of the facts necessary to enable them to bring suits, unless that ignorance is occasioned by some improper conduct on the part of the defendant,” and then proceeds as follows: “ This is now the .uniform construction, and no reason is perceived warranting a departure from it.” The same doctrine is maintained in Wood on Limitations, 382,Band numerous authorities are cited in its support.
The judgment of the district court is affirmed.