Knight v. . Braswell

1. Statute of Limitations, C. C. P., sec. 16, application of, suspended to January 1, 1870, 65 N.C. 74. Action on sealed instrument againstprincipal thereto, must be brought in ten years. C. C. P., secs. 31, 32. Against surety thereto, in three years, C. C. P., sec. 34.

2. Statute of Limitations, C. C. P., sec. 16, shall not apply to any case in which an action has been commenced, or a right of actionalready accrued, but such cases shall be governed by the law in force at the adoption of the Code.

The question to be considered here is the actio accerevit. The defendant is a surety to the…