Massengill v. . Oliver

To escape the bar of the statute of limitations, C. S., 441 (9), when pleaded, an action “for relief on the ground of fraud or mistake” must have been commenced within three years from “the discovery by the aggrieved party of the facts constituting the fraud or mistake.”

The exceptive assignment determinative of this appeal presents for decision only this question: Is this an action for relief on the ground of fraud ? The decisions in this jurisdiction indicate an affirmative answer.

It is here a well settled principle that “where a mortgagee buys the equity of redemption of his mortgagor, the…