Peacock v. Barnes.
Supreme Court of North Carolina
ActioN by J. W. Peacock against Ida Barnes and others, heard by Judge E. B. Jones and a jury, at the’ February Term, 1906, of the Superior Court of Wilson.
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ActioN by J. W. Peacock against Ida Barnes and others, heard by Judge E. B. Jones and a jury, at the’ February Term, 1906, of the Superior Court of Wilson. There was evidence to show that Harriss Winstead, late of Wilson County, died seized and possessed of several tracts of land, same .being encumbered by liens and mortgages to secure an indebtedness of about $4,500; under proceedings duly instituted, a portion of this land was sold by order of Court for tlie sum of $6,000, and the proceeds, to the extent required, were applied to the payment and satisfaction of the liens and mortgages…
1Opinion of the Court
Piolen, J.,
after stating tbe case: On a former appeal in this cause, 139 N. 0., 196, we have held that tbe plaintiff bad a good cause of action, and this appeal presents tbe question whether tbe cause of action is barred by tbe statute of limitations. Tbe statute applicable, Revisal 1905, sec. 395, subsec. 9, bars an action of this character, actions for recovery on account of fraud or mistake in three years, and provides that tbe cause of action shall not be deemed to have accrued until tbe discovery by the aggrieved party of the facts constituting said fraud or mistake.
The defendant…
2Cases cited6 opinions
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