Williams v. Administrator of McFadyen
Supreme Court of North Carolina
MotioN in tbe canse, beard and determined before Long, J., at May Term, 1907, of tbe Superior Court of Sampson County. It appears from facts found by bis Honor at tbe bearing below that, in September, 1894, tbe original summons was issued in tbe name of Charles Williams, guardian of Julia Bizzell (now Parrott), against Duncan McEadyen, to collect tbe purchase money for a tract of land and enforce a vendor’s lien therefor against said McEadyen, who held tbe same under a bond…
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MotioN in tbe canse, beard and determined before Long, J., at May Term, 1907, of tbe Superior Court of Sampson County. It appears from facts found by bis Honor at tbe bearing below that, in September, 1894, tbe original summons was issued in tbe name of Charles Williams, guardian of Julia Bizzell (now Parrott), against Duncan McEadyen, to collect tbe purchase money for a tract of land and enforce a vendor’s lien therefor against said McEadyen, who held tbe same under a bond for title, and was in possession, claiming tbe interest in land existent by reason of said bond. At a subsequent term,…
1Opinion of the Court
IloKE, J.,
after stating the case: We are unable to x>erceive in what way or by what statute of limitations the plaintiffs are barred of their right to enforce the collection of their debt by a sale of the property. The defendants more particularly insist that the demand is barred by the ten-year statute of limitations, applicable to judgments (Revisal, sec. 891), and that this position finds support in a direct adjudication of this Court. McCaskill v. McKinnon, 121 N. C., 194. But we do not think their position is well taken, or that they have correctly interpreted the authority cited as…
2Cases cited8 opinions
- Nutt v. . CumingNew York Court of Appeals · 1898
- Mebane v. . MebaneSupreme Court of North Carolina · 1879
- Long v. . JarrattSupreme Court of North Carolina · 1886
- Knight v. . HoughtallingSupreme Court of North Carolina · 1886
- Morgan v. CaseySupreme Court of Alabama · 1882
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3Cited by4 opinions
- Pendleton v. WilliamsSupreme Court of North Carolina · 1918
- Pendleton v. . WilliamsSupreme Court of North Carolina · 1918
- Bradburn v. . RobertsSupreme Court of North Carolina · 1908
- Place v. . PlaceSupreme Court of North Carolina · 1934