Fraud tolling of limitation suspends the limitation period until discovery, while protecting innocent purchasers from set aside claims. Where limitation applies, the period is suspended while the plaintiff's right or title is concealed by fraud, arises from a mistake, or a necessary document is fraudulently concealed, and begins only upon discovery or when discoverable with reasonable diligence; however, this suspension does not permit actions affecting property purchased for value by innocent purchasers, and courts may extend execution periods when fraud or force prevented execution, subject to a prompt post-discovery application.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Fraud tolling of limitation suspends the limitation period until discovery, while protecting innocent purchasers from set aside claims.
Where limitation applies, the period is suspended while the plaintiff's right or title is concealed by fraud, arises from a mistake, or a necessary document is fraudulently concealed, and begins only upon discovery or when discoverable with reasonable diligence; however, this suspension does not permit actions affecting property purchased for value by innocent purchasers, and courts may extend execution periods when fraud or force prevented execution, subject to a prompt post-discovery application.
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