Speer v. . James
Supreme Court of North Carolina
Civil ACTION, in the nature of a creditor’s bill, tried before Montgomery, Judge, aud a jury, at Spring Term, 1886, of the Superior Court of YadkIN county. This action, begun on January 18th, 1882, as a creditor’s suit, is prosecuted against the administrator and heirs-at-law of John Douglas, deceased, the intestate debtor, to enforce a sale of the descended lands for the payment of his debts.
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Civil ACTION, in the nature of a creditor’s bill, tried before Montgomery, Judge, aud a jury, at Spring Term, 1886, of the Superior Court of YadkIN county. This action, begun on January 18th, 1882, as a creditor’s suit, is prosecuted against the administrator and heirs-at-law of John Douglas, deceased, the intestate debtor, to enforce a sale of the descended lands for the payment of his debts. The only issue submitted to the jury was this : Are the plaintiffs’ claims, or any of them, barred by the statute of limitations, or presumption of payment? Under instructions, the jury found against…
1Opinion of the CourtSmith, C. J.
(after stating the facts). The question presented ■by the appeal is, whether the heirs-at-law can go behind the judgments recovered against the administrator, and set up as a defence to the bonds, the statutory presumption of payment, arising from the lapse of time since their maturity, in like manner as if no •action had been prosecuted, and no judgment rendered thereon. The ruling of the Court, we presume, was predicated upou the decision in Bevers v. Parks, 88 N. C., 456, in which it is held that in any proceeding instituted by the personal representative of a deceased debtor, against his…
2Cases cited5 opinions
- Dobson v. . SimontonSupreme Court of North Carolina · 1885
- Bevers v. . ParkSupreme Court of North Carolina · 1883
- Wordsworth v. . DavisSupreme Court of North Carolina · 1876
- Oates v. . LillySupreme Court of North Carolina · 1881
- Moore v. . EdwardsSupreme Court of North Carolina · 1885
3Cited by21 opinions
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- Best v. . BestSupreme Court of North Carolina · 1913
- Smith v. BrownSupreme Court of North Carolina · 1888
- Halliburton v. . CarsonSupreme Court of North Carolina · 1888
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