PART IV - Suits relating to decrees and instruments
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When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first becomes known to him.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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