Dobson v. . Simonton
Supreme Court of North Carolina
Statute of Limitation — Creditor’s Bill. Civil ActioN, in the nature of a creditor's bill, heard before MaaRae, Judge, at Spring Term, 1885, of Iredell Superior Court.
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Statute of Limitation — Creditor’s Bill. Civil ActioN, in the nature of a creditor's bill, heard before MaaRae, Judge, at Spring Term, 1885, of Iredell Superior Court. It appears from the pleadings and the case settled on appeal for this Court, that Robert E. Simonton died in the county of Iredell in the month of February, 1876, leaving a last will and testament which was duly established; that his widow, the defendant Roxanna Simonton, is the sole legatee and devisee under the will and the executrix thereof duly qualified. The estate of the testator is insolvent. The testator in his lifetime…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). No question is presented as to the validity of the debt which the appellee seeks to have paid out of the assets of the testator, and the only question presented for our decision is, was this debt, barred by the statute of limitation, that bars such debts after the lapse of three years next after the cause of action upon them accrued?
We think that this question must be answered in the negative. It is to be observed, that this is an action brought by several creditors in behalf of themselves and all other creditors, entitled to share alike in the assets of the estate…
2Cases cited2 opinions
- Wordsworth v. . DavisSupreme Court of North Carolina · 1876
- Long v. Bank of YanceyvilleSupreme Court of North Carolina · 1881
3Cited by20 opinions
- York v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1944
- Hancock Bros. & Co. v. WootenSupreme Court of North Carolina · 1890
- Speer v. . JamesSupreme Court of North Carolina · 1886
- Marsh v. United StatesCourt of Appeals for the Fourth Circuit · 1938
- Smith v. . SummerfieldSupreme Court of North Carolina · 1891
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