27 S.C. Eq. 275
Court of Appeals of South Carolina
Decided January 15, 1854
Court of Appeals of South Carolina · decided 1854-01-15
Before Dargan, Oh., at Horry, February, 1853. Except that the statute of limitations was ihterposed by the defendant in his answer by way of plea, everything necessary to a full understanding of this case appears in the circuit decree, which is as follows : DargaN, Ch. Harmon Cox, the deceased husband of the plaintiff, was the owner of a tract of land situate in Horry district, known as Cox’s Ferry. It contained about 950 acres, and was worth 800 or 900 dollars.
The bill must be dismissed, and it is so ordered and decreed · Decided 1854-01-15
¶1We are of opinion, that, without considering or approving any other ground, the plaintiff’s right to a decree was barred by the statute of limitations, which began to run against the alleged fraud from the defendant’s purchase ; (see Thrower vs. Cureton, 4 Strob. Eq. 155, and McDonald vs. May, 1 Rich. Eq., 91), and that the bill was rightly dismissed.
¶2Appeal dismissed.