Irvin v. . Harris
Supreme Court of North Carolina
Appeal by defendants from a judgment of Webb, J., confirming tbe referee’s report, at February Term, 1921, of RooitiNGHAM. Civil action, beard on exceptions to tbe report of a referee. Tbe plaintiff filed a petition before tbe clerk to sell land for assets. Tbe defendants filed several answers, and Webb, J., referred tbe cause to Lindsay Patterson, Esq., to take and state an account and report bis finding of facts and conclusions of law.
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Appeal by defendants from a judgment of Webb, J., confirming tbe referee’s report, at February Term, 1921, of RooitiNGHAM. Civil action, beard on exceptions to tbe report of a referee. Tbe plaintiff filed a petition before tbe clerk to sell land for assets. Tbe defendants filed several answers, and Webb, J., referred tbe cause to Lindsay Patterson, Esq., to take and state an account and report bis finding of facts and conclusions of law. Tbe referee disallowed tbe claims of George E. Barber, executor of Mrs. Marion F. Redd (Exhibits 31, 32, 33), tbe claim of W. A. Kernodle (Exbibit 37), and…
1Opinion of the CourtAdams, J.
Not only have the defendants pleaded the statute of limi--tations in bar of all claims allowed by the referee, except such as were presented to and admitted by the personal representatives of H. C. Harris, but they have invoked against the validity of all claims the doctrine of the claimants’ election between inconsistent remedies. The latter proposition has been discussed in the appeal of Eobert Harris, Jr., as guardian of Mrs. Nettie Harris, and what is there said resolves the question against the contention of the defendants. There remains for discussion the defendants’ plea of the statute…
2Cases cited16 opinions
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- White v. TudorTexas Supreme Court · 1859
- Wood v. . BarberSupreme Court of North Carolina · 1884
- Benson v. . BennettSupreme Court of North Carolina · 1893
- Bristol v. SpragueNew York Supreme Court · 1832
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- Humphrey v. . StephensSupreme Court of North Carolina · 1926
- Hodge v. PerrySupreme Court of North Carolina · 1961
- Irvin v. . HarrisSupreme Court of North Carolina · 1925
- Lassiter v. FaisonCourt of Appeals of North Carolina · 1993
2 more not listed; retrieve them via the Exa API.