Owens v. Watts

Citations

• 24 S.C. 76
• 1886 S.C. LEXIS 1

Syllabus

<p>1. Where a ward after his majority, by his attorney in fact, makes a settlement with his guardian and receives and receipts for a sum of money and a claim in judgment as a compromise and settlement in full, the statute of limitations then commences to run in favor of the guardian; and action for account, brought by the ward more than seven years afterwards is barred, ho having sufficient information at the time of the receipt to put him upon inquiry as to all matters of fraud now claimed as an avoidance of the settlement.</p> <p>2. In such action against the executor of the deceased guardian, plaintiff is incompetent to testify to communications made to him by the deceased upon the matter of the compromise and the value of the estate, notwithstanding returns of the guardian had previously been introduced in evidence by the executor.</p>