Ewbank v. . Lyman
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at January Term, 1915, of Buncombe. Civil action to set aside a deed on tbe ground of fraud, made by A. J. Lyman to bis wife and codefendant, and subject tbe property conveyed therein to tbe payment of a judgment held by plaintiff against said A. J. Lyman. At tbe close of tbe plaintiff’s evidence, on motion of defendant, there was judgment of nonsuit, and plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
We consider it unnecessary to refer to several-of tbe interesting questions presented on tbe argument, being of opinion that, on tbe evidence, in any aspect of it, tbe plaintiff’s cause of action, if she bad one, is barred by tbe statute of limitations; and tbe statute having been properly pleaded and tbe admitted facts showing that plaintiff’s claim is barred, as stated, it would serve no good purpose to grant a new trial, and tbe judgment of nonsuit must be affirmed.
The conditions under which tbe principle is applied and tbe limitations upon its operation will be found discussed in Oldham…
2Cases cited12 opinions
- District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
- Peacock v. Barnes.Supreme Court of North Carolina · 1906
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Day v. . DaySupreme Court of North Carolina · 1881
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3Cited by29 opinions
- Moore v. ProperSupreme Court of North Carolina · 2012
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- Mobley v. BroomeSupreme Court of North Carolina · 1958
- Arthur J. Fulcher, Jr. v. United States of America, Arthur J. Fulcher, Jr. v. United StatesCourt of Appeals for the Fourth Circuit · 1982
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