Grant v. . Gooch
Supreme Court of North Carolina
This was a civil action, heard at the.May Term, 1889, of PIalifax Superior Court, upon a report of a referee, by MacRae, J. The case presented by the record is, in. substance, this: It appears that Eliza A. Phillips died in the county of Northampton prior to 1860, leaving a last will and testament, which was proven, and Joseph M. S. Rogers qualified as executor thereof.
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This was a civil action, heard at the.May Term, 1889, of PIalifax Superior Court, upon a report of a referee, by MacRae, J. The case presented by the record is, in. substance, this: It appears that Eliza A. Phillips died in the county of Northampton prior to 1860, leaving a last will and testament, which was proven, and Joseph M. S. Rogers qualified as executor thereof. Afterwards, John J.' Long, the intestate of the defendant, executed to the said executor his single bond for $290.65, dated the 22d of May, 1860, and due at six months from date. Afterwards, the said executor died in the same…
1Opinion of the CourtMerrimoN, C. J.
after stating the facts: The single bond sued upon in this action having been executed in 1860, and more than ten years having elapsed after its maturity, excluding the time from the 20th of May, 1861, to the 1st of January, 1870, as required by the statute (The Code, § 137), before the action began, the statute applicable (Rev. Code, ch. 65, sec. 18) raised “ the presumption of payment or satisfaction ” thereof. The plaintiff, however, had the right on the trial to rebut such presumption by any competent evidence to prove that the bond had not been paid or satisfied. One sort of competent…
2Cases cited12 opinions
- Bonham v. . CraigSupreme Court of North Carolina · 1879
- Jenkins v. North Carolina Ore Dressing Co.Supreme Court of North Carolina · 1871
- Guy v. . ManuelSupreme Court of North Carolina · 1883
- Adams v. . UtleySupreme Court of North Carolina · 1882
- Mason v. . McCormickSupreme Court of North Carolina · 1881
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3Cited by3 opinions
- Edgewood Knoll Apartments, Inc. v. BraswellSupreme Court of North Carolina · 1954
- Gossler v. . WoodSupreme Court of North Carolina · 1897
- State Ex Rel. Lee v. MartinSupreme Court of North Carolina · 1926