Houck v. . Adams
Supreme Court of North Carolina
Civil actioN, tried before MacRae, Judge, at Spring Term, 1887, of Ashe Superior Court. Plaintiffs and defendant each claimed the land in dispute through one David Houck, Sr., — the plaintiffs as his heirs-at-law — the defendant as heir-at-law of James Calloway, under a deed dated February 22d, 1845, executed by David Houck, Sr., to said Calloway.
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Civil actioN, tried before MacRae, Judge, at Spring Term, 1887, of Ashe Superior Court. Plaintiffs and defendant each claimed the land in dispute through one David Houck, Sr., — the plaintiffs as his heirs-at-law — the defendant as heir-at-law of James Calloway, under a deed dated February 22d, 1845, executed by David Houck, Sr., to said Calloway. The deed from Houck to Calloway was made to secure the payment of the sum of money therein mentioned within four years from its date, and provided that: “If the said David Houck, Sr., fails to pay and satisfy to the said James Calloway, his heirs or…
1Opinion of the Court
Davis, J.,
(after stating the case). The case is governed, not by the statute of limitations, but by the statute of presumptions, in force prior to August 24th, 1868. That stat ute (Rev. Code, Ch. 65, §19,) provides, that “ the presumption of payment or abandonment of the right of redemption of mortgages, and of other equitable interests, shall arise-within ten years after the forfeiture of said mortgage,” &c. “ The statute,” says Ruffin, J., in Headen v. Womack, 88 N. C., 468, “ is so emphatically a statute of repose, that no saving is made in it of the rights of infants, femes covert, or…
2Cases cited4 opinions
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Perry v. . JacksonSupreme Court of North Carolina · 1883
- Campbell v. BrownSupreme Court of North Carolina · 1882
3Cited by9 opinions
- Elkhorn Hazard Coal Co. v. FairchildCourt of Appeals of Kentucky · 1921
- Faggart v. . BostSupreme Court of North Carolina · 1898
- Summerlin v. . CowlesSupreme Court of North Carolina · 1888
- Alston v. . HawkinsSupreme Court of North Carolina · 1890
- Gregory v. . BullockSupreme Court of North Carolina · 1897
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