Falls v. . Torrance
Supreme Court of North Carolina
From Iredell. This cause having been retained, on a former motion to dismiss Cvide ante, Vol. 2, p. 490) now came on to be heard, when it appeared to be a Bill filed in 1817, setting forth, that one Gilbraith Falls died intestate, in June, 1780, and that in 1781, administration on his estate was granted to his widow, who in 1784 intermarried with Hugh Torrance : that Complainants were the children of Gilbraith Falls, and at the time of his death were infants; that some of…
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From Iredell. This cause having been retained, on a former motion to dismiss Cvide ante, Vol. 2, p. 490) now came on to be heard, when it appeared to be a Bill filed in 1817, setting forth, that one Gilbraith Falls died intestate, in June, 1780, and that in 1781, administration on his estate was granted to his widow, who in 1784 intermarried with Hugh Torrance : that Complainants were the children of Gilbraith Falls, and at the time of his death were infants; that some of them, the daughters, married in infancy, and were yet married women j that among other property which belonged to their…
1Opinion
As regards time, equity acts either in analogy to the statute law or common law. When to the former, the statute of limitations is introduced with all its rigors, time is a positive bar, it may be pleaded, it is cause for demurrer, nothing prevents its operation but what will have the same effect at law; when it begins to run, it continues to run, notwithstanding supervenient disabilities; if all the complainants are not within its saving, all are without them.
Where it acts in analogy to the common law, time is no bar of itself, but it furnishes evidence of a fact which is a bar, payment or…
2Cases cited6 opinions
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Commissioners of Forsyth v. LashSupreme Court of North Carolina · 1883
- Summerlin v. . CowlesSupreme Court of North Carolina · 1888
- Worth v. . WrennSupreme Court of North Carolina · 1907
- Glen v. . KimbroughSupreme Court of North Carolina · 1859
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