Faysoux v. Prather

Decided November 15, 1818

Supreme Court of South Carolina · decided 1818-11-15

This was an action of trespass, to try title. The jury found the following special verdict. “ We find that the land claimed by the plaintiffs, was granted to Peter Eaysoux, on the 15th October, 1784, and that Peter Faysoux, the grantee, died on the-day of February, 1795, leaving tbe plaintiffs, several of whom were •minors, and one of whom is now about twenty-four years of age, (and four other children,) two of whom, viz., Hester and Sarah, are still living, and Mary and…

Cited by 1 later decisions — most recently August 1951

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1818-11-15

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Gantt, J.

¶1I concur in the opinion of my brother Coloock. I found my opinion on the true intent and meaning of our own Act of Assembly, which admits of but one construction ; and that is, that the rights of a minor shall be protected during his disability. The commencement of the statute during the life of an ancestor, cannot alter the nature of a saving made in behalf *of helplessness and innocence. There is the same reason why the operation of the statute in such case should be suspended, as that it should not run where a minority exists at the time of the death of the ancestor, and before the cause of action has accrued.