Wyrick v. . Wyrick
Supreme Court of North Carolina
This was an issue oe debt, arising in a proceeding to make real estate assets, and tried before Bynum, J., at February Term, 1889, of Guilford Superior Court. Noah E. Wyrick, executor of George Wyrick, deceased, filed his application to sell real estate to create assets for the payment of debts of his testator.
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This was an issue oe debt, arising in a proceeding to make real estate assets, and tried before Bynum, J., at February Term, 1889, of Guilford Superior Court. Noah E. Wyrick, executor of George Wyrick, deceased, filed his application to sell real estate to create assets for the payment of debts of his testator. Summons issued and complaint filed September 22d, 1884. The defendant Barbara Cable, a daughter and devisee of plaintiff’s testator, whose lands were charged with the payments of debts, filed an answer denying the necessity of the sale. An account was taken by the Clerk, report made…
1Opinion of the Court
Shepherd, J.:
The only question necessary to be considered in order to dispose of this appeal is whether the claim represented by James Webb, as administrator de bonis non of Jane Green, is barred by the statute of limitations.
When George Wyrick, the administrator of the said Jane Green, filed his ex parte final account, on the 11th of May, 1875, it did not have the effect of closing the trust as between him and the distributees, so as to put in operation any statute of limitation for a shorter period than ten years.
Before the adoption of the Code of Civil Procedure there was no statutory…
2Cases cited3 opinions
- Woody v. . BrooksSupreme Court of North Carolina · 1889
- Spruill v. . SandersonSupreme Court of North Carolina · 1878
- Barham and Wife v. . Lomax, GuardianSupreme Court of North Carolina · 1875
3Cited by5 opinions
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
- Edwards v. Lemmond.Supreme Court of North Carolina · 1904
- Brown v. . WilsonSupreme Court of North Carolina · 1917
- Pierce v. . FaisonSupreme Court of North Carolina · 1922
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891