Barham and Wife v. . Lomax, Guardian
Supreme Court of North Carolina
Civil actioN, tried before Kerr, J., at Fall Term, 1874, Rockingham Superior Court. The following are the substantial facts necessary to an understanding of the case as decided in this Court: The defendant, Albert Lomax, was appointed guardian of the feme plaintiff (who was at that time a minor and unmarried) on the 27th day of May, 1851. On the same day he executed his bond and assumed the duties of guardian.
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Civil actioN, tried before Kerr, J., at Fall Term, 1874, Rockingham Superior Court. The following are the substantial facts necessary to an understanding of the case as decided in this Court: The defendant, Albert Lomax, was appointed guardian of the feme plaintiff (who was at that time a minor and unmarried) on the 27th day of May, 1851. On the same day he executed his bond and assumed the duties of guardian. His ward, the feme plaintiff, married William L. Barham, the other plaintiff, in 1865, and was at the commencement of this action, of full age. The defendant as guardian received the…
1Opinion of the CourtRodman, J.
The only question at present presented is whether the statute of limitations as applied by Courts of Equity, bars the plaintiff’s action.
Title IV of C. C. P., entitled “ Limitation of Actions,” does not apply. By section 16, the provisions of the Title do not extend to cases where the right of action accrued before the adoption of the Code in August, 1868. It is argued, however, for the plaintiff, that as by sub-section 9 of section 34, it is pro- Tided, that in actions for relief on the ground of fraud, &e., the cause of action shall not be deemed to have accrued until the discovery of the…
2Cases cited2 opinions
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3Cited by4 opinions
- Cox v. . CoxSupreme Court of North Carolina · 1881
- Spruill v. . SandersonSupreme Court of North Carolina · 1878
- Wyrick v. . WyrickSupreme Court of North Carolina · 1890
- Timberlake v. . GreenSupreme Court of North Carolina · 1881