Shubrick v. Adams

Citations

• 20 S.C. 49
• 1883 S.C. LEXIS 125

Syllabus

<p>1. Tlie stay-laws of 1861-1865, did not create a legal disability to sue. State y. Garew, 13 Rich. 506.</p> <p>2. Where a disability intervenes after a right of action has accrued, the currency of the statute of limitations is not arrested, and the same principle applies to a presumption of payment arising from the lapse of time.</p> <p>3. The suspension of the statute of limitations by act of the legislature does not affect the presumption of payment arising from the lapse of time.</p> <p>4. When a presumption of payment commenced to run in February, 1861, it became complete in twenty-years, notwithstanding the stay-laws of 1861-1865, and the suspension thereby of the statute of limitations.</p> <p>5. The death of one of the obligors on a joint and several bond severed the obligation, and payments thereafter made on the bond by the survivor did not prevent the presumption of payment from running in favor of the deceased's estate.</p>