Ins. Co. v. . Edwards

This is an action brought by the receiver of a mutual insurance company for the collection of certain assessments upon the defendants, levied under a decree of the Superior Judicial Court of the State of Massachusetts. The case comes before us on demurrer. This disposes in limine of all statutes of limitation, which, in cases like the present, can be availed of only by answer. The Code, sec. 138; Guthrie v. Bacon, 107 N.C. 337; Randolph v. Randolph, ib., 506;Albertson v. Terry, 109 N.C. 8. This rule, however, does not apply to possessory titles, which are more in the nature of presumptions…