Hodges v. . Council
Supreme Court of North Carolina
Civil Action tried at Spring Term, 1881, of Watauga Superior Court, before' McKay, J. This action commenced on the 19th day of April, 1880, is prosecuted against the defendants, as administrators of Benjamin Council, guardian, for an account and settlement of the trust estate committed to the hands of the intestate, and for the recovery of the sums which may be found due to the several wards.
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Civil Action tried at Spring Term, 1881, of Watauga Superior Court, before' McKay, J. This action commenced on the 19th day of April, 1880, is prosecuted against the defendants, as administrators of Benjamin Council, guardian, for an account and settlement of the trust estate committed to the hands of the intestate, and for the recovery of the sums which may be found due to the several wards. The material facts admitted, or if controverted, found by the jury, are as follows: Joseph C. Mast, the grandfather, from whose estate the funds were obtained, died in 1841, intestate, and thereafter…
1Opinion of the Court
Smith, C. J.,
after stating the foregoing facts. Two de-fences are set up against the maintenance of the action, and exception is also taken to the order of reference consequent upon the adverse rulings :
1. The bar of the statute of limitations.
2. Payment and satisfaction, the presumption of which arises under the statute from the lapse of time since the. wards became of full age.
I. There is no statutory limitation of time prescribed for bringing the action to obstruct the plaintiffs’ recovery, and the first defence is untenable.
The guardian has entered into bond for the faithful discharge of…
2Cases cited1 opinion
- Godden v. KimmellSupreme Court of the United States · 1879
3Cited by17 opinions
- Norton v. . McDevitSupreme Court of North Carolina · 1898
- Headen v. . WomackSupreme Court of North Carolina · 1883
- Grant v. . HughesSupreme Court of North Carolina · 1886
- Nunnery v. . AverittSupreme Court of North Carolina · 1892
- Faggart v. . BostSupreme Court of North Carolina · 1898
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