House v. . Arnold
Supreme Court of North Carolina
Civil action, Hied before Robinson, J., and a jury, at October Term, 1897, of Wake Superior Court. Catharine Nichols, plaintiff’s testatrix, died in September, 1896. Benjamine King, testator of the defendant Arnold, died on the — day of-, 1896. The summons herein was sued out the 21st day of May, 1896. Sometime before the 25th day of June, 1885, Catha-riñe Nichols was declared insane, and incapable of managing and controlling her property; and Benjamin King, defendant’s…
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Civil action, Hied before Robinson, J., and a jury, at October Term, 1897, of Wake Superior Court. Catharine Nichols, plaintiff’s testatrix, died in September, 1896. Benjamine King, testator of the defendant Arnold, died on the — day of-, 1896. The summons herein was sued out the 21st day of May, 1896. Sometime before the 25th day of June, 1885, Catha-riñe Nichols was declared insane, and incapable of managing and controlling her property; and Benjamin King, defendant’s testator, appointed her guardian, and as such took into his possession her lands and personal estate, and so held and…
1Opinion of the Court
Clark, J.:
The Statute of Limitations having been pleaded, the burden was upon the-plaintiff to show that the cause of action accrued within the time limited. Parker v. Harden, 121 N. C., 57; Graham v. O’Bryan, 120 N. C., 463; Koonce v. Pelletier, 115 N. C., 233; Hobbs v. Barefoot, 104 N. C., 224; Moore v. Garner, 101 N. C., 374; Hussey v. Kirkman, 95 N. C., 63. The evidence was that the plaintiff’s testatrix was adjudged restored to sanity in 1889, and after demand made by her on her guardian, defendant’s testator, for her estate, an order was made to restore the same to her; and it was…
2Cases cited8 opinions
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
- Collins v. . SwansonSupreme Court of North Carolina · 1897
- Hussey v. . KirkmanSupreme Court of North Carolina · 1886
- Kennedy v. . CromwellSupreme Court of North Carolina · 1891
- Parker v. . HardenSupreme Court of North Carolina · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Teachey v. . GurleySupreme Court of North Carolina · 1938
- Hooker v. Worthington.Supreme Court of North Carolina · 1904
- Dunn v. . Beaman &8212 No. 2Supreme Court of North Carolina · 1900
- Ditmore v. . RexfordSupreme Court of North Carolina · 1914
- Pierce v. . FaisonSupreme Court of North Carolina · 1922
1 more not listed; retrieve them via the Exa API.