PART IV – Suits relating to decrees and instruments | |||
59. | To cancel or set aside an instrument or decree or for the rescission of a contract. | Three years | When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him. |
60. | To set aside a transfer of property made by the guardian of a ward | ||
(a) | By the ward who has attained majority; | Three years | When the ward attains majority. |
(b) | By the ward’s legal representative | Three years | |
i. When the ward dies within three years from the date of attaining majority; | When the ward attains majority. | ||
When the ward dies before attaining majority | Three years | When the ward dies. | |
61. | By a mortgagor – | ||
(a) to redeem or recover, possession of immovable property mortgaged; | Thrity years | When the right to redeem or to recover possession accrues. | |
(b) to recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration. | Twelve years | When the transfer becomes known to plaintiff. | |
(c) to recover surplus collection received by the mortgagee after the mortgage has been satisfied. | Three years | When the mortgagor reenters on the mortgaged property. |
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