
    M. Lahiffe, et al. v. J. Smart, et al.
    
    Charleston,
    Feb. 1829.
    The infancy of one of several persons, having a joint interest in land, will protect the rights of those, who are of full age, from the operation of the statute of limitations.
    Tried before Mr. Justice Huger, at Charleston, May Term, 1827.
    • Trespass to try title. The defendants proved possession for more than the statutory period of limitation; and contended, that although one of the plaintiffs was a minor, the statute was a bar to the other, whose rights were vested in defendants by virtue of their possession: and being thus tenants in common with the infant, the latter could not maintain an action at law against them.
    The presiding Judge charged, that a title by the statute of limitations could not be acquired as to any part of the land, during the minority of any one of the parties interested in it. The jury found accordingly for the plaintiffs; and the defendants moved to set aside their verdict, and for a new trial on the ground of misdirection.
    Lance, for the motion.
    Elliott, contra.
    
   Nott, J.

delivered the opinion of the Court.

The opinion of the presiding Judge in this case is in conformity with the early decisions of our Courts, and with the practice under those decisions for at least five and twenty years. See 1N.&M. 298. The correctness of the rule may be questionable; but this Court does not feel at liberty to innovate on a rule of law, which has long been regarded as settled, and has been acted on for a great length of time. I do not know that our Courts have permitted the rights of co-tenants to be saved by any other disability than that of infancy. The question in relation to all other cases is still open for consideration: but as this is a case of infancy, it comes within the rule, and the motion must therefore be refused.

Motion refused.  