Quince v. . Ross
Superior Court of North Carolina
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
- Administrators of Quince v. Administrators of RossSuperior Court of North Carolina · 1802