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40 S.C.L. 132

Jones v. Reeves

Court of Appeals of South Carolina

Decided January 15, 1853

Court of Appeals of South Carolina · decided 1853-01-15

Before Fhost. J., at Horry, Fall Term, 1852. The report of His Honor, the presiding Judge, is as follows : “ This was an action of trespass to try title. Th’e plaintiffs and the defendant both claimed under John Harris, who died intestate, in 1834, leaving his widow, Honor Harris, and two daughters, Prances, then the wife of John E. Vereen, and Sarah, then the wife of William Lee, his distributees. John E. Vereen died in 1840, and in 1842 his widow married Hartford Jones.

Decided 1853-01-15

¶1The opinion of the Court was delivered by

O’Neall, J.

¶2In this case the Court is satisfied with the result below.

¶3No parol partition can avail especially against/emmes covert unless it he sanctioned by a possession sufficient to bar their rights by the statute of limitations, or by such lapse of time as will presume omnia esse rite acta.

¶4The statute of limitations cannot run against the femme plaintiffs. Their first husbands’ deed conveyed their right of possession during their respective lives. This action was brought in less than ten years .after the death of the husbands, and the statute does not therefore bar it. The case of Brown vs. Spand, 2 Mill, 12, decides the exact point.

¶5The testimony excluded could not legally affect the rights of the plaintiffs, and was therefore properly shut out from the jury.

¶6The motion is dismissed.

Wardlaw, Frost, Withers, Whitner and Glover, JJ., concurred.

¶7Motion dismissed.

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