Riden v. . Frion
Supreme Court of North Carolina
Craven. This was an action of detinue for negro slaves, Lucy •and her increase. Pleas, “ general issue and statute of iS limitations.” The case was, that Michael Hyman Ci bequeathed to his daughter, Eliza Ridcn, a negro girl ie named Lucy, daring her natural life, and after her death, “ to her heirs forever.” Eliza Ridcn died, leaving three children, the Plaintiffs in this suit.
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Craven. This was an action of detinue for negro slaves, Lucy •and her increase. Pleas, “ general issue and statute of iS limitations.” The case was, that Michael Hyman Ci bequeathed to his daughter, Eliza Ridcn, a negro girl ie named Lucy, daring her natural life, and after her death, “ to her heirs forever.” Eliza Ridcn died, leaving three children, the Plaintiffs in this suit. Two of these children bad Le.cn of full age more than three years after Defendant got possession of the negroes, claiming and holding them adversely : the third child was under the age of twenty-four years, when this…
1Opinion of the Court
Tatuor, Chief-Justice,
delivered the opinion of this Court:
It is not deemed necessary to decide the question of title arising upon the title, because the Court is clearly of opinion, that the law is against the Plaintiffs upon the sta tute of limitations. Wherever the statute of limitations is a bar to the recovery of one of the parties, in such action, it operates against the whole, because the disability of one does not save the right of the others. The statute protects the rights of those who are incompetent to protect themselves ; but, where some of the parties are competent, they ought to…
2Cases cited1 opinion
- Marsteller and Others v. McCleanSupreme Court of the United States · 1812
3Cited by3 opinions
- Den Ex Dem. of McRee v. AlexanderSupreme Court of North Carolina · 1827
- Davis v. . CookeSupreme Court of North Carolina · 1825
- Den Ex Dem. of McRee v. AlexanderSupreme Court of North Carolina · 1827