Dillon v. Cross

Holding

The court held that a complaint which inferentially, rather than directly, alleges the existence of a trust relationship is sufficient to withstand a general attack when no demurrer has been filed, thereby properly framing the action as one in equity to which no right to a jury trial attaches; that the statute of limitations on a continuing trust does not commence to run until a demand for accounting is made and refused; and that a defendant-trustee is entitled to a credit on the accounting for sums advanced to the beneficiary, even if such a claim, standing alone, would be time-barred.