Fisher v. . Ballard
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at November Term, 1913, of MadisoN. This is a proceeding to sell land for assets, in wbicli the following' judgment was rendered: “This cause coming on for hearing before his Honor, Frank Carter, judge, and a jury, at the November Term, 1913, of the Superior Court of Madison County, the parties, by consent, agreed upon the following statement of facts, the same appearing from the allegations of the petition and the admissions in the…
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Appeal by defendant from Garter, J., at November Term, 1913, of MadisoN. This is a proceeding to sell land for assets, in wbicli the following' judgment was rendered: “This cause coming on for hearing before his Honor, Frank Carter, judge, and a jury, at the November Term, 1913, of the Superior Court of Madison County, the parties, by consent, agreed upon the following statement of facts, the same appearing from the allegations of the petition and the admissions in the answer: “1. That Stanhope Ballard died intestate in the year 1892, leaving surviving him Lucinda Ballard, his widow, and the…
1Opinion of the CourtAlleN, J.
On 18 March, 1893, Roberson Brothers obtained a judgment against Lucinda Ballard, administratrix of Stan-hope Ballard, for $113.38. About five'years thereafter, in 1898, the administratrix died.
There was no further administration upon the estate until 3 July, 1911, eighteen years after the rendition of the judgment, and eleven years after the death of the first administrator.
This proceeding was commenced on 11 July, 1911.
Is the right of action barred by the statute of limitations? Clearly so, unless the time elapsing between the death of the first administrator in 1898 and the appointment of…
2Cases cited5 opinions
- Smith v. BrownSupreme Court of North Carolina · 1888
- Winslow v. Benton.Supreme Court of North Carolina · 1902
- Matthews v. . PetersonSupreme Court of North Carolina · 1909
- Daniel v. . LaughlinSupreme Court of North Carolina · 1882
- Brawley v. . BrawleySupreme Court of North Carolina · 1891
3Cited by7 opinions
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- Barnhardt v. . MorrisonSupreme Court of North Carolina · 1919
- City of Statesville v. JenkinsSupreme Court of North Carolina · 1930
- Humphrey v. . StephensSupreme Court of North Carolina · 1926
- Rocky Mount Savings & Trust Co. v. McDearmanSupreme Court of North Carolina · 1938
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