Blankenship v. . English

Is the plaintiffs’ cause of action, grounded on fraud, barred by the three-year statute of limitations ? The trial court answered in the affirmative, and we cannot say there was error in the ruling.

It is provided by C. S., 441, subsection 9, that in an action to avoid an instrument on the ground of fraud the suit shall be commenced within three years after the cause of action accrues, i.e., within three years after the discovery by the aggrieved party of the facts constituting fraud, or when such facts, in the exercise of proper diligence, should have been discovered. Hargett v. Lee, 206 N.…