Jones v. . Brodie
Supreme Court of North Carolina
>From Warren. This was an action of debt, to which the Defendant, among other pleas, pleaded the act of 17 i 5, ch. 48. To this plea the Plaintiff replied, “ that Augustine Bayners, “ his intestate, died before the death of Alexander Brodie, “ the Defendant’s testator, and that this suit was brought “ within less than seven years after letters of administra-1i tion were granted on the estate of said Bayners.”
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>From Warren. This was an action of debt, to which the Defendant, among other pleas, pleaded the act of 17 i 5, ch. 48. To this plea the Plaintiff replied, “ that Augustine Bayners, “ his intestate, died before the death of Alexander Brodie, “ the Defendant’s testator, and that this suit was brought “ within less than seven years after letters of administra-1i tion were granted on the estate of said Bayners.” The Defendant rejoined, “ that more than seven years had “ elapsed from the granting of letters of administration, iS with the will annexed, on the estate of Alexander Bro- “ die, before…
1Opinion of the Court
Taxxoe, Chief-Justice,
delivered the opinion of the Court:
The only fact agreed by the pleadings, out of which the question of law now to be decided, arises, is that the Plaintiff’s intestate died before the testator of the Defendant, and that within seven years after administration was granted to the Plaintiff, this suit was brougj.it. The Defendant pleads in bar to the recovery, the act of 1715, ch. 48, the words of which are, “ That creditors of any “ person deceased shall make their claim within seven “ years after the death of such debtor, otherwise such “ creditor shall be forever barred.”
2Cited by3 opinions
- Copeland v. . CollinsSupreme Court of North Carolina · 1898
- Copeland v. . CollinsSupreme Court of North Carolina · 1898
- McLellan v. . HillSupreme Court of North Carolina · 1804