Davis v. . Perry
Supreme Court of North Carolina
Civid ACTION tried at Fall Term, 1881, of Carteret Superior Court, before Shipp, J. This action was instituted on July 26, 1876, on the bond executed by Samuel E. Davis, on his appointment by the county court of Carteret in 1857, as guardian to the infant relators, against the defendants, the executors of Benjamin L. Perry, one of the surety obligors, to recover what is due to them respectively from the administration of the trust estate.
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Civid ACTION tried at Fall Term, 1881, of Carteret Superior Court, before Shipp, J. This action was instituted on July 26, 1876, on the bond executed by Samuel E. Davis, on his appointment by the county court of Carteret in 1857, as guardian to the infant relators, against the defendants, the executors of Benjamin L. Perry, one of the surety obligors, to recover what is due to them respectively from the administration of the trust estate. The only defence to be considered on the appeal arises upon the statute of limitations. There ivas a reference, a report showing what was due to each,…
1Opinion of the Court
SMITH, C. J.,
after stating the above. It will be seen that the case is not one of overlapping disabilities, the one running into the other, but there is a distinct interval of over two years separating the termination of the disability of infancy from the commencement of that of coverture, and this space is bridged over by an act suspending the statute of limitations. The question presented is, does the suspending act so connect the two-disabilities as to produce the same legal effect, as if one supervened upon the other ?
If the question were an open one, we should be disposed to concur in…
2Cases cited1 opinion
- State Ex Rel . Lippard Wife v. . TroutmanSupreme Court of North Carolina · 1875
3Cited by2 opinions
- Chancey v. . PowellSupreme Court of North Carolina · 1889
- Davis v. . CookeSupreme Court of North Carolina · 1825