¶1The court were all of opinion, that a joint right cannot be barredby the limitation act, tf any of the persons connected in the right, are entitled to the benefit of any ol the exceptions in the saving clause of the act; and therefore a new trial was ordered.
3 S.C.L. 326
Gourdine v. Theus
Supreme Court of South Carolina
Decided January 15, 1804
Supreme Court of South Carolina · decided 1804-01-15
The action was trespass to try titles to land, and was tried in Charleston, before Trezevant, J. The plaintiff gave in evidence a marriage settlement between James M’Kelvey, and Margaret O’Neal, dated in 1753, (not recorded, see act of assembly 1785, P. L. 357,) by which 250 acres, being a moiety of the land in dispute, was conveyed to trustees by the said Margaret O’Neal, and declared for the several uses following, viz. : 1.
Decided 1804-01-15