86. The trustee of real estate, under a direct trust, as well as of personal, as we have seen, holds for his cestui que trust, and the latter is not barred of 'his right unless it be denied and repudiated by the trustee; in which case the statute will begin to run from tho denial or repudiation. 5 Hovr. 233 ; 3 Gray, Mass. 1. In cases of implied construc tion and iesulting trusts, the rule is also the same as with reference to personal property. The statute is a bar even in cases where the conduct of the trustee was originally frau dulent. 5 Johns. Ch. N. Y. 184.
Disabilities existing at the time the right descends or the cause of action accrues, prevent the running of the statute, till their removal ; but only such as exist at that time. When the statute once begins to run, no sub sequent disability can stop it. 1 How. 37; 4 Mass. 182. And there is no distinction in this respect between voluntary and involun tary disabilities. 4 Term, 301 ; 3 Brev. So. C. 286. The disability of one joint-tenant, tenant in common, or coparcener does not inure to the benefit of the other tenants. 8 Johns. N. Y. 262; 4 Day, Conn. 265 ; 2 Taunt. 441; 10 Ohio, 11 ; 10 Ga. 218; 5 Humphr. Tenn. 117 ; 4 Strobh. Eq. So. C. 167 ; 13 Serg. & R. Penn. 350.
SS. It would be wholly impracticable here to give a compend, or even an analysis, of the different statutes of the several states. Nor, indeed, would such an analysis be of much service, as, from frequent revision, changes, and modifications, what is the law to-day might not be the law to-morrow, and it could not he referred to, therefore, as a reliable index of the actual state of .the law in any particular state. As, however, the statutes of the several states are substantially and in principle the same, differing only in imma terial details, and as all are derived directly or indirectly from the same source, it will doubtless prove both convenient and useful to be able to refer to the text of the original statutes which have been the occasion of so much comment. These are, accordingly, ap pended, except stat. 3 & 4 Will. IV. c. 27, of which there is room only for a synopsis.
&tante 21 James L c. 16 89. For quieting of men's estates, and avoiding of suits, be it enacted by the king's most excellent majesty, the lords spiritual and temporal, and commons, in this present parliament assembled, that all writs of for medon in descender, formedon in remainder, and formedon in reverter, at any time here after t,o he sued or brought, of or for any manors, lands, tenements, or hereditaments, whereunto any person or persons now bath or have any title, or cause to have or pursue any such writ, shall be sued or taken within twenty years next after the end of this present session of parliament: and after the said twenty years expired, no person or persons, or any of their heirs, shall have or maintain any such writ, of or for any of the said manors, lands, tenements, or hereditaments; (2) and that all writs of form edon in descender, tormedon in remainder, formedon in reverter, of any manors, lands, tenements, or other hereditaments whatsoever, at any time here after to be sued or brought by occasion or means of any title or cause hereafter happen ing, shall be sued or taken within twenty years next after the title and cause of action first descended or fallen, and at no tirne after the said twenty years; (3) and that no perpn or persons that now bath any right or title of entry into any manors, lands, tenements.
or hereditaments now held from him or them, shall thereinto enter but within twenty years next after the end of this present session of parliament, or within twenty years next after any other title of entry accrued ; (4) and that no person or persons shall at any time here after make any entry into any lands, tene ments, or hereditainents, but within twenty years next after his or their right or title, which shall hereafter fixbt descend or accrue to the same; and in default thereof, such persons so not entering, and their heirs, shall be utterly excluded and disabled from such entry after to be made, any former law or statute to the contrary notwithstanding.
xr. Provided, nevertheless, That if any per son or persons that is or shall be entitled to such writ or writs, or that bath or shall have such right or title of entry, be, or shall be, at the time of the said right or title first de scended, accrued, corne or fallen within the age of one-and-twenty years, feme covert, non compos mentis, imprisoned, or beyond the seas, that then such person and persons, and his and their heir and heirs, shall or may, notwithstanding the said twenty years be expired, bring his action or make his entry as he might have done before this act: (2) so as such person and persons, or his or their heir and heirs, shall, within ten years next after his and their full age, discoverture, coming of sound mind, enlargement out of prison, or coming into this realm, or death, take benefit of and sue forth the same, and at no time after the said ten years.