38 S.C. 361 | S.C. | 1893
The opinion of the courtwas delivered by
On the 20th day of September, 1869, Thomas Steen made and delivered unto G. F. Townes, Esq.., the following paper in writing: “Received of G. F. Townes, one hundred dollars, to be returned when called for, this 20th September, 1869. Thomas Steen.” Thomas Steen died on the 7th July, 1889. Julius 0. Smith became the administrator of his estate on the 12th day of August, 1889. On the 10th day of August, 1891, such administrator exhibited his complaint against the heirs at law of Thomas Steen, deceased, to sell lands to aid personalty in payment of Steen’s debts. An order was made in this action to call in the creditors of the estate of Steeu. Amongst such creditors, the appellant, J. E. Hagood, as receiver of Col. G. F. Townes, appeared and presented the paper which has already been set out by an exact copy. At the reference before the master, the paper was proved to be in the handwriting of Col. Townes, a lawyer of experience and ability, and the signature was proved to be that of Thomas Steen. No demand upon Steen by Townes was proved, nor any offer of Steen to return the money. But the administrator pleaded orally the statute of limitations, and payment presumed from lapse of time. This plea was sustained by the master, and, on exception, Judge Hudson concurred with the master.
The appellant now seeks to reverse such decree of Judge Hudson, because: 1. The presiding judge erred in sustaining the master’s report, and overruling the exceptions of said Ha-good, receiver, to said report, because: A. The statute of lim
It is the judgment of this court, that the judgment of the Circuit Court be reversed, and the cause remanded to such court to enforce the decision here rendered.