Woodhouse v. . Simmons, Ex'r.
Supreme Court of North Carolina
Appeal from a Justice’s Court, tried before Albertson, J., at Spring Term, 1874, Cueeituok Superior Court. The action was brought upon the following bond : On demand, with interest from the 28th of May, 1850, and for value received, the undersigned promise to pay toHodgers Gallop or order, two hundred dollars for value received. Witness our hands and seals.
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Appeal from a Justice’s Court, tried before Albertson, J., at Spring Term, 1874, Cueeituok Superior Court. The action was brought upon the following bond : On demand, with interest from the 28th of May, 1850, and for value received, the undersigned promise to pay toHodgers Gallop or order, two hundred dollars for value received. Witness our hands and seals. R. R. HEATH. [l. s.] B. F. SIMMONS, [l. s.] The defendant pleaded the statute of limitations, to which the plaintiff replied, partial payment within ten years. The plaintiff offered in evidence a receipt upon said bond, and introduced II.…
1Opinion of the CourtRodMAN, J.
Title IV of the Code of Civil Procedure, entitled “.Limitations,” is not applicable in the present case; that statute being confined to causes of actions which arose after August, 1868, C. C. P., sec. 16. The question respecting the payment of the bond sued on is governed by the law existing when it became due. The Act of Assembly bearing on it is, Rev. Code, chap. 65, sec. 18 : “ The presumption of payment or satisfaction on all judgments, decrees, contracts and agreements, had or made, shall arise within ten j'ears after the right of satisfaction on the same shall have accrued, wader the…
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