McMakin v. Gowan

Citations

• 18 S.C. 502
• 1883 S.C. LEXIS 22

Syllabus

<p>1. Plaintiff held a sealed note against the defendant, dated in 1862, and in 1873 he received a certain sum in settlement and surrendered the note. In 1879, more than six years afterwards, plaintiff brought this action against defendant, alleging that the settlement was made by agreement under the scaling act, and that there was an error in the settlement by a stated amount, which was unpaid, and for which he demanded judgment. Held, that the action was barred by the statute of limitations.</p> <p>2. The action was not for equitable relief, and, therefore, governed by section 120 of the code of procedure, but was founded upon a purely legal demand.</p> <p>3. The action not being founded upon the sealed note, but upon an alleged agreement at which the note was surrendered, the limitation of twenty years did not apply.</p>