Ariail v. Ariail
Supreme Court of South Carolina
Before Fraser, J., Pickens, This was an action by the distributees of John H. Ariail against the devisees of John Ariail to subject the real estate devised to the payment of the balance due by said John Ariail on account of his administration of John H.’s estate.
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Before Fraser, J., Pickens, This was an action by the distributees of John H. Ariail against the devisees of John Ariail to subject the real estate devised to the payment of the balance due by said John Ariail on account of his administration of John H.’s estate. The defence, in part, was the statute of limitations, and this defence depended mainly upon the effect of the following return : JOHN ARIAIL, adm’r, in account with-the estate of John H. Ariail, deceased. 1868. Dr. Jan. 1. To amount due estate last return, $2,695 97 Cr. By deduction on widow’s sale account, viz., $1,847.03, and int.…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Chief Justice Simpson.
The facts of this case will be found stated in the decree of his honor, the presiding judge, T. B. Eraser, hereto appended. Also, see exceptions appended.
It will be seen from the decree, that Judge Eraser held the claims of the three plaintiffs, Lou, Robert, and Sarah, barred by the statute of limitations. The appeal of said plaintiffs assigns error to this holding. This question, which is the main and vital question in the ease, depends upon other subsidiary questions which his honor considered and decided, as involved in and…
2Cited by6 opinions
- Bagwell v. HintonSupreme Court of South Carolina · 1944
- McNair v. HowleSupreme Court of South Carolina · 1923
- Fouche v. Royal Indemnity Co. of N.Y.Supreme Court of South Carolina · 1948
- Kilgore v. KirklandSupreme Court of South Carolina · 1904
- Jackson v. DoeCourt of Appeals of South Carolina · 2000
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