Executors of Thomas v. Executors of Ervin
Court of Appeals of South Carolina
Before Evans, J. at 'Darlington, Fall Term, 3 839, Ervin, an attorney, received from Thomas, in the year 1819, for collection, the bond of one Wiggins; and accordingly, on the inquiry docket of Marion district, S. T. 1820, appears the case of W. Thomas vs. B. Wiggins, in debt, with a note of ‘‘judgmentfinal’: but no judgment was ever entered up, or execution issued. Very soon after, Thomas died.
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Before Evans, J. at 'Darlington, Fall Term, 3 839, Ervin, an attorney, received from Thomas, in the year 1819, for collection, the bond of one Wiggins; and accordingly, on the inquiry docket of Marion district, S. T. 1820, appears the case of W. Thomas vs. B. Wiggins, in debt, with a note of ‘‘judgmentfinal’: but no judgment was ever entered up, or execution issued. Very soon after, Thomas died. In 1829 Ervin again brought suit in the name of Thomas, entered up judgment, issued execution, and' made every effort to procure the payment of the debt. But Wiggins had assigned his property, the…
1Opinion of the Court
Curia,per
Evans, J.
There are four periods, in the history of this case, at one of which the statute must have commenced *23to ran; 1st. When Ervin neglected 10 enter up judgment iu 1821; 2d. When Wiggins assigned his property in 1828 ; 3d. When Ervin sued Wiggins in 1829, in the name of Thomas, who had oeen eight years dead; 4th. When it was fully ascertained, by the decree of the Court of Equity in 1836, that the debt was lost.
The three first of these periods are more than four years from the commencement of this action in 1838, so the question is reduced to the inquiry, whether the statute…
2Cases cited2 opinions
- Miller v. AdamsMassachusetts Supreme Judicial Court · 1820
- Peters v. HoodCourt of Appeals of Texas · 1884