Moore v. Smith

Citations

• 29 S.C. 254
• 7 S.E. 485
• 1888 S.C. LEXIS 135

Syllabus

<p>J. Under an action by heirs at law to recover the lands of their ancestor from one who had purchased at a judicial sale to which they were not parties, it was referred to the master to inquire and report how much of the purchase money had been applied to valid debts of the ancestor. The purchaser made proof of a debt to which his money had been so applied, but plaintiffs contended that such debt was barred by the statute of limitations before such payment. Held, that the onus was on the plaintiffs to show that the time necessary to create such bar had elapsed.</p> <p>2. Under the act forbidding suits against administrators for nine months after intestate’s death, that length of time must be added to the period prescribed in the statute of limitations.</p>