Cooper v. Floyd

VAUGHN, Judge.

The only question presented by this appeal requires a determination of whether an action to set aside a deed on the grounds of forgery is barred after three years from the date of knowledge of the forgery by N.C. Gen. Stat. § 1-52(9). N.C. Gen. Stat. § 1-52(9) prescribes three years as the period within which an action “[f]or relief on the ground of fraud” must be commenced. We hold that an action to set aside a deed on the grounds of forgery is an action for relief on the grounds of fraud, and that the action is barred after three years from the date of knowledge of the forgery.