Long v. . Clegg
Supreme Court of North Carolina
Civil action, tried on appeal from a Justice of the Peace, before Montgomery, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Ibedell county.
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Civil action, tried on appeal from a Justice of the Peace, before Montgomery, Judge, and a jury, at Fall Term, 1885, of the Superior Court of Ibedell county. This action, begun in a Justice/s Court, and upon an adverse judgment, removed by defendant’s appeal to the Superior Court of Iredell county, is for the recovery of the money due on anote under seal, executed by the defendant’s intestate, William Maxwell, to the plaintiff', on the 30th day of January, 1868, and due one day after date. William Maxwell, the debtor, died in December, 1869, and no administration was granted on his estate…
1Opinion of the Court
*765Smith, C. J.,
(after stating the facts). Strictly speaking, there was, when this cause of action accrued, no statute limiting the time in which suit must be brought on a bond, but after the lapse of ten years, in the absence of rebutting evidence, an artificial presumption óf payment, as a fact, was raised, to be acted on by the jury. It was not a presumption of law, such as arises from an adverse occupancy of land for thirty years, of the issue of a grant from the State, which was not allowed to be controverted; but of fact, open to disproof, in showing that no payment had been made, or such…
2Cases cited2 opinions
- Woodhouse v. . Simmons, Ex'r.Supreme Court of North Carolina · 1875
- Teasdale v. . BrantonU.S. Circuit Court for the District of North Carolina · 1805