Taylor v. . McMurray
Supreme Court of North Carolina
Cause removed from the Court of Equity of Martin county. The bill is filed to enjoin the collection of a certain note, and praying to have it surrendered. The facts are these: On the 28th of April, 1854, the plaintiff purchased a negro woman and child of the defendant, McMur-ray; at the time of his purchase, plaintiff received a bill of sale for said slaves, warranting them to be “sound and healthy.”
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Cause removed from the Court of Equity of Martin county. The bill is filed to enjoin the collection of a certain note, and praying to have it surrendered. The facts are these: On the 28th of April, 1854, the plaintiff purchased a negro woman and child of the defendant, McMur-ray; at the time of his purchase, plaintiff received a bill of sale for said slaves, warranting them to be “sound and healthy.” Some three weeks after the sale, plaintiff discovered that the woman had a cancer on her breast, which was pronounced incurable by physicians, and of which she ultimately died.— Plaintiff gave…
1Opinion of the CourtMaNly, J.
Relief in this case is barred by the statute of limitations, and we deem it unnecessary, therefore, to consider or discuss the merits of the complaint.
The complaint is based upon a false warranty, contained in a bill of sale for slaves between the parties, not under seal, entered into 28th July, 1854. Its falsity was discovered within seven weeks from the date of the instrument. And this bill, to enjoin the collection of the purchase-money, and for relief, was filed the 16th of January, 1858.
It is too late. A court of equity is governed by the statutes of limitations and presumptions in the…
2Cited by4 opinions
- Heath v. Moncrief Furnace Co.Supreme Court of North Carolina · 1931
- Clark v. . Henrietta MillsSupreme Court of North Carolina · 1941
- Hall v. Gurley Milling Co. of Selma, N. C., Inc.District Court, E.D. North Carolina · 1972
- Marshall v. . HammockSupreme Court of North Carolina · 1928