Long v. . Miller
Supreme Court of North Carolina
Infancy — Ratification—Statute of Limitation. Civil ActiON, tried before Montgomery, Judge, and a jury, at August Term, 1885, of Iredell Superior Court.
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Infancy — Ratification—Statute of Limitation. Civil ActiON, tried before Montgomery, Judge, and a jury, at August Term, 1885, of Iredell Superior Court. This action, begun on January 25, 1883, by T. S. Tucker, •administrator de bonis non of Anderson Mitchell, deceased, and, upon his death during the progress of the cause, prosecuted by his successor, the present plaintiff’, B. F. Long, is founded upon a promissory note, executed by the defendants, John F. McKee the principal, and the others as sureties, in the form following: $1,500.00. One day after date, we promise to pay Andersou Mitchell…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The plaintiff’s first exception is to the Judge’s charge that there was no evidence furnished,, in the two deeds executed by John F. McKee to his sureties, and in the authority afterwards given to them to sell, after his attaining full age, of his ratification of indebtedness on the note.
In the first deed, made the same month in which he arrived at majority, this .recital is contained: “ Whereas, said Sharpe and Miller are sureties for the said J. F. McKee, on a note payable,” &c., describing it accurately.
The second deed made August 31, after conveying certain…
2Cases cited2 opinions
- Capehart v. . DettrickSupreme Court of North Carolina · 1884
- Green v. Greensboro Female CollegeSupreme Court of North Carolina · 1880
3Cited by8 opinions
- Menzel v. Hinton.Supreme Court of North Carolina · 1903
- Taylor v. . HuntSupreme Court of North Carolina · 1896
- Overman v. . JacksonSupreme Court of North Carolina · 1889
- Demai v. . TartSupreme Court of North Carolina · 1942
- Lenoir County v. OutlawSupreme Court of North Carolina · 1954
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