Hosick v. Trabue

Opinion by

Judge Elliott:

The deed, the execution of which it is alleged was procured by the fraud of appellee, was executed and delivered in 1864, and this suit was not brought till 1875; and as more than ten years have elapsed since the deed was executed, and as this appears on the face of ap*806pellant’s petition, it is contended that the petition did not show a subsisting cause of action; and it was the duty of the court to sustain a demurrer thereto, which was done and the action dismissed. In the case of Board v. Jolly, 5 Bush 86, this court held that the statute of limitations is a matter of…