Joseph McKenna

“ Holding that the suit was barred by the statute of limitations, the court said: 'There is no statute of limitations applicable by its terms to the right to annul the decree, but in the absence of such statute the court will adopt that one which is applicable to analogous rights. By §§ 2680 and 2681 of the Code of 1880 the time in which bills of review and appeals may be prosecuted is limited to two years, and by § 2075 a like limitation is imposed upon the right to surcharge and falsify the accounts of executors, administrators, and guardians. ”

“ Plaintiffs allege that under the circumstances the decree should be set aside and held to be absolutely void. And it is alleged that while the suit was pending the Southern Pine Company conveyed the lands to the defendant, A. M. Chesborough, who conveyed undivided interests therein to other defendants, and that they claim title to the lands by virtue of the conveyances and the decree in favor of the Southern Pine Company. ”

“ It thus appears that for errors of law or fact, in the classes of cases named in these statutes, a uniform limitation of two years has been declared and within such time, we think, persons having notice of decrees affecting their rights, which for fraud or other sufficient reasons should be vacated by the courts, ought to take action ”