Lee v. . Beaman
Supreme Court of North Carolina
This was a civil action — a creditor’s bill — tried before Shepherd, J., at Spring Term, 1888, of Sampson Superior Court.
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This was a civil action — a creditor’s bill — tried before Shepherd, J., at Spring Term, 1888, of Sampson Superior Court. The facts agreed on by the parties at the trial, so far as necessary to be set out in order to a proper understanding of the matters in controversy in the action, are as follows: Thomas M. Lee, testator of the plaintiff, holding a claim against Jones Peterson, after the death of the latter, recovered judgment for $337.23 and interest, against the defendant, John R. Beaman, adm’r, at Fall Term, 1861! of the Superior Court of law of Sampson County, charging him with assets…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) The appeal seems to have been intended to present for review the ruling as to the statutory obstruction in the way of reaching the descended lands of the deceased debtor after the lapse of. so long an interval, and, strictly speaking, the correctness of the expressed opinion which led to the nonsuit is the sole matter presented for our decision. Confining ourselves to this single inquiry, we should feel little hesitancy in pronouncing the intimated intended ruling erroneous. The statute which is supposed to have that effect, after the lapse of seven…
2Cases cited12 opinions
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Latham v. . BellSupreme Court of North Carolina · 1873
- Hinton v. . WhitehurstSupreme Court of North Carolina · 1874
- Smith v. BrownSupreme Court of North Carolina · 1888
- Syme v. . BadgerSupreme Court of North Carolina · 1887
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