2020 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-18 - [Limitations not to run against trust actions fraudulently concealed.]

Universal Citation: NM Stat § 37-1-18 (2020)

None of the provisions of this chapter shall run against causes of actions originating in or arising out of trusts, when the defendant has fraudulently concealed the cause of action, or the existence thereof from the party entitled or having the right thereto.

History: Laws 1880, ch. 5, § 17; C.L. 1884, § 1877; C.L. 1897, § 2930; Code 1915, § 3360; C.S. 1929, § 83-115; 1941 Comp., § 27-117; 1953 Comp., § 23-1-18.


Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The words "this chapter" refer to ch. 68 of the 1915 Code, which is compiled as 37-1-1 to 37-1-4, 37-1-6 to 37-1-19, 37-1-21, 37-1-22, 37-1-25, 37-1-26 NMSA 1978.

Action for accounting barred. — An action for an accounting based on a letter from defendants allegedly creating an express trust in certain motel property in plaintiff's favor was barred by six-year statute of limitations, where there was no evidence of fraudulent concealment. Fidel v. Fidel, 1975-NMSC-008, 87 N.M. 283, 532 P.2d 579.

Failure to enforce rights. — Where a cestui que trust failed to institute proceedings to enforce alleged rights under an equitable trust for eight years, the court will not aid in the enforcement of his claim. Patterson v. Hewitt, 1901-NMSC-012, 11 N.M. 1, 66 P. 552, aff'd, 195 U.S. 309, 25 S. Ct. 35, 49 L. Ed. 214 (1904).

Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Limitations of Actions §§ 146 to 151.

54 C.J.S. Limitations of Actions §§ 88 to 90.

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