Boyd v. Munro

Citations

• 32 S.C. 249
• 10 S.E. 963
• 1890 S.C. LEXIS 41

Syllabus

<p>1. When a motion for newr trial on the ground of after discovered evidence is refused on a legal ground, the order of refusal is appealable.</p> <p>2. A -written acknowledgment by A that B owns one-half interest in the notes, &c., of certain firms, “any part thereof collected and used by me to bear interest from date of collection,” does not constitute A a technical trustee, and so prevent the currency of the statute of limitations in A’s favor as to moneys collected on such notes, &c.</p> <p>3. Where an administrator puts certain notes payable to a firm of which his intestate was a member on his inventory as a part of the individual estate of his intestate, and files such inventory in the probate judge’s office, it is a disavowal of any trust which affected intestate, and from that date the statute of limitations began to run.</p> <p>4. The survivor of a firm is entitled to the possession of the choses in action and assets of the firm. Failing to demand them from the administrator of the deceased partner, his action will be barred at the expiration of the statutory period.</p> <p>5. The statute having commenced to run against the surviving party to a written paper, having knowledge of its terms and of his rights thereunder, his death does not arrest the currency of the statute, even though his administrator was ignorant of such wu-itten paper.</p> <p>6. A new trial on the ground of after discovered evidence to prove á claim which is barred by the statute of limitations, was properly refused.</p>