Ogden v. Witherspoon
U.S. Circuit Court for the District of North Carolina
[This was an action by Ogden, administrator of Cornell, against Witherspoon, administrator of Nash.] The defendant pleaded the act of 1715, c. 48, § 9: “Creditors of any person deceased shall make their claim within seven years after the death of such debtor, otherwise such creditor shall be forever barred.” Divers other actions were in court pending upon the same pleadings; and the court appointed a day for the argument respecting the validity and effect of the plea.
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[This was an action by Ogden, administrator of Cornell, against Witherspoon, administrator of Nash.] The defendant pleaded the act of 1715, c. 48, § 9: “Creditors of any person deceased shall make their claim within seven years after the death of such debtor, otherwise such creditor shall be forever barred.” Divers other actions were in court pending upon the same pleadings; and the court appointed a day for the argument respecting the validity and effect of the plea. On the day appointed, an argument was had, and the court took time to advise: and some days afterwards delivered their…
1Opinion of the Court
Defendant pleaded the act of 1715, ch. 48, sec. 9: "Creditors of any person deceased shall make their claim within seven years after the death of such debtor; otherwise, such creditor shall be forever barred." Divers other actions were in court pending upon the same pleadings, and the Court appointed a day for the argument respecting the validity and effect of the plea. On the day appointed an argument was had, and the Court took time to advise; and some days afterwards delivered their opinions, in substance as follows: The act of 1789 is consistent with that of 1715, for it establishes a…
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