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Statute Of Limitations Barred Action To Set Aside Allegedly Fraudulent Deed

March 21, 2014

Authors

Luke Lantta

Statute Of Limitations Barred Action To Set Aside Allegedly Fraudulent Deed

March 21, 2014

by: Luke Lantta

If a deed has been procured by fraud, it may take a while for the defrauded person to figure out that he or she has been duped.  That’s why, in certain circumstances, the statute of limitations to set aside a fraudulent deed may be tolled.  But a mere allegation that a deed has been procured by fraud isn’t enough to toll the statute of limitations.  The allegedly defrauded person usually can’t just blindly accept someone else’s purportedly fraudulent representations.  Then again, the situation may be different if a fiduciary is the alleged fraudster or if there is a confidential relationship between the parties.  In McCall v. Williams, the Georgia Court of Appeals explored the intersection between alleged fraud, the duty to exercise reasonable

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Discovery Rule Tolls Statute Of Limitations In Utah Trust Litigation

November 7, 2011

Authors

Luke Lantta

Discovery Rule Tolls Statute Of Limitations In Utah Trust Litigation

November 7, 2011

by: Luke Lantta

The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or you can’t pursue the lawsuit.  Where it gets tricky are all the exceptions to the rule.  For example, if the wrongdoer concealed the wrongful act or the wrongful act occurred in some way that made it highly unlikely that the aggrieved person would know about it, then the statute of limitations shouldn’t start running until the injured person knows or through reasonable diligence should have known about the wrongful act.  This “tolling” of the statute of limitations is called the discovery rule: the statute of limitations doesn’t start running until a plaintiff knew or reasonably should have known of the act.

Not all states apply the discovery rule, and not all states apply it to every cause of action.  In Bowen v. Bowen,

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