Love v. . Ingram
Supreme Court of North Carolina
Administration — Statute of Limitations — Pleading. This is a civil action, in the nature of a creditor’s bill, tried by McRae, J., at Spring Term, 1888, of Macon Superior Court. It was agreed that the Judge might try the issue of the statute of limitations, it being the only issue of fact for a jury arising upon the pleadings.
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Administration — Statute of Limitations — Pleading. This is a civil action, in the nature of a creditor’s bill, tried by McRae, J., at Spring Term, 1888, of Macon Superior Court. It was agreed that the Judge might try the issue of the statute of limitations, it being the only issue of fact for a jury arising upon the pleadings. It appears that Dillard Love died in July of 1872. leaving a Iasi, will and testament, which was proven, and the defendant qualified as executor thereof. The plaintiffs obtained judgment against the defendant, as such executor, upon a debt due from his testator in his…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: The plaintiffs obtained judgment against the defendant, founded upon a cause of action existing against his testator at the time of the latter’s death, and the purpose of this action, allowed by the statute (The Code, § 1448), is to compel the defendant “to an account of his administration, and to pay the creditors (including, particularly, themselves, as to their judgment) what may be payable to them, respectively.” The defendant relies for his defence upon the statute of limitation (The Code, § 153, par. 2), which prescribes that an action must be brought “by any…
2Cases cited5 opinions
- Cox v. . CoxSupreme Court of North Carolina · 1881
- Lawrence v. . NorfleetSupreme Court of North Carolina · 1884
- Glover v. . FlowersSupreme Court of North Carolina · 1886
- Rogers v. . GrantSupreme Court of North Carolina · 1883
- Little v. . DuncanSupreme Court of North Carolina · 1883
3Cited by7 opinions
- Lassiter v. . RoperSupreme Court of North Carolina · 1894
- Turner v. ShufflerSupreme Court of North Carolina · 1891
- Proctor v. . ProctorSupreme Court of North Carolina · 1890
- Anderson v. GoodingSupreme Court of North Carolina · 1980
- Anderson v. GoodingCourt of Appeals of North Carolina · 1979
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