Brewster v. Herron

For reasons set out below, I am unable to agree with the majority opinion herein. The facts are summarized in the majority opinion and need not be repeated here.

After hearing, the trial court found for plaintiff Herron on the ground that the statute of limitations barred any claim, of Brewster and the Wades, and the court’s conclusions of law included a finding to the effect that limitations began to run at the date of the Sheriff’s sale in 1927, instead of the date of issuance of Sheriff’s deed.

Only Brewster and the Wades have appealed. They argue in their brief, among other things, that the…