Legal Opinion

McKeithan v. . McGill

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 7 opinions

Civil Action tried at Fall Term; 1879, erf Cumberland .‘Superior court, before Seymour, J. This is a civil action commenced on the 17th day of December, 1878. before a justice of the peace in the county of Cumberland, to recovar the amount of a note of which the following is a copy; $140. One day after date we promise to pay to A. A. McKeithan,, or order, one hundred and forty dollars value-received.

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Civil Action tried at Fall Term; 1879, erf Cumberland .‘Superior court, before Seymour, J. This is a civil action commenced on the 17th day of December, 1878. before a justice of the peace in the county of Cumberland, to recovar the amount of a note of which the following is a copy; $140. One day after date we promise to pay to A. A. McKeithan,, or order, one hundred and forty dollars value-received. (Signed) ' Clement Long, [Seal.] Oct. 27th, 1860. Angus McGill, [Seal.] The defendant, pleaded general issue., statute of limitations, no assets,, fully administered; that the plaintiff failed to…

1Opinion of the CourtAshe, J.

It may now be considered as settled law that the act of 1789 is a bar to the action of a creditor when the defendant pleads that he has advertised, paid over the assets to the next of kin, and taken refunding bonds, according to law. Cooper v. Cherry, 8 Jones, 323; Reeves v. Bell, 2 Jones, 254. And so is the act of 1715, if there is a claim, and a person capable of suing, when seven years have elapsed .since the death of the debtor if the debt was due in his lifetime, or since the cause-of action accrued when the débfc became due after his death. Alexander v. Alexander, 1. Car. L. R., 273 ;…

2Cited by7 opinions

  1. Syme v. . BadgerSupreme Court of North Carolina · 1887
  2. Smith v. . BrownSupreme Court of North Carolina · 1888
  3. Alexander v. . Alexander's ExecutorsSupreme Court of North Carolina · 1814
  4. Andres v. . PowellSupreme Court of North Carolina · 1887
  5. Andres v. PowellSupreme Court of North Carolina · 1887

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