Legal Opinion

Quince v. . Ross

Superior Court of North Carolina

Decided July 5, 1801Published

1Opinion of the Court

In order to rebut this presumption, the plaintiff proved that in 1796 he had instituted a suit against a person, as executor of Mrs. Ross, who pleaded that he never was an executor, but had renounced the office; whereupon the suit was discontinued. Twenty years are considered sufficient to induce a presumption of the payment of a bond, where no interest has been paid, or demand during that time, and how far these circumstances have a tendency to weaken the presumption, is proper for the consideration of the jury, under the circumstances of each case.

With respect to the demand relied upon by…

2Cases cited1 opinion

  1. Administrators of Quince v. Administrators of RossSuperior Court of North Carolina · 1802

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API