Sherbeck v. Estate of Lyman

This is an action for damages and partial rescission upon the ground of fraud in the sale of real estate. Defendants denied the material allegations of the complaint and set up the affirmative defense of the statute of limitations. The trial court dismissed the complaint against defendant Lyman on the basis of the running of the statute of limitations and dismissed the complaint against defendant Kolsters due to lack of sufficient evidence of fraud. Plaintiff appeals. We affirm.

The facts necessary to our decision may be summarized as follows:

In January 1963, the plaintiff’s sister, Mrs. June…