Wagstaff v. . Smith
Supreme Court of North Carolina
This was a petition to re-bear a decree made in this Court between the same parties, at December term, 1832, 2 Dev. Eq. 264. The Bill was for an account of the issues and profits of land, of which the plaintiff and defendant were tenants in common, the defendant having had the actual occupation. The defence was the Statute of Limitations.
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This was a petition to re-bear a decree made in this Court between the same parties, at December term, 1832, 2 Dev. Eq. 264. The Bill was for an account of the issues and profits of land, of which the plaintiff and defendant were tenants in common, the defendant having had the actual occupation. The defence was the Statute of Limitations. The Bill was filed in Granville Court of Equity, in February, 1829, and a partition had been made of the land held in common, in November, 1826.
1Opinion of the CourtGaston, J.
This case has been re-heard upon the petition of the defendant, and the Court -is of opinion, that there is error in the decretal order in this, that it declared the plaintiff entitled to an account of rents and profits for more than three years before the filing of his bill. Á legal demand, prosecuted in a Coizrt of Equity, is barfed by the same length of time, as constitutes a statutory bar at law. Upon legal titles and legal demands, a Court of Equity is hound by the statute of limitations. The claim in this case is one purely legal. The plaintiff demands an account from the defendant,…
Also in this document: Per curiam.
2Cited by6 opinions
- Keith v. . ScalesSupreme Court of North Carolina · 1899
- Turner v. Merchants BankSupreme Court of Alabama · 1899
- Northcot v. . CasperSupreme Court of North Carolina · 1849
- Etheridge v. EtheridgeCourt of Appeals of North Carolina · 1979
- Gatlin v. . WaltonSupreme Court of North Carolina · 1864
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