Smith v. Kimsey

J.A. Kimsey sued M.V. Smith and C. Ray Smith in the district court of Payne county to recover damages alleged to have been suffered by him as the result of the fraud and deceit of defendants in a sale of real estate. Kimsey had judgment, based on the verdict of the jury, and Smiths appeal.

Smiths present but one proposition, and state it thus:

"Actions for relief on the ground of fraud must be commenced within two years from the date of the discovery of the fraud or could have been discovered with reasonable diligence."

We observe that defendants set out the statute of limitations as a bar to…