Comerford v. Hurley

Bowles, Justice.

We granted certiorari to determine whether a ten-year or a four-year statute of limitations applies under the facts of this case. The Court of Appeals held that Code Ann. § 3-1003 controls rather than Code Ann. § 3-709 or § 3-807. Under Code Ann. § 3-1003 an action to recover personalty or for damages for conversion of the same is barred by a four-year statute of limitations. We find that an executor de son tort is not involved in this case and affirm the decision below.

Petitioner, Virginia Louise Hurley Comerford, claims to be the only child and heir at law of C. B. Hurley,…