Opinion · Supreme Court of North Carolina

Alexander v. . Alexander's Executors

4 N.C. 28

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1814-01-05
Topic
general

The act of 1715 is clearly a bar to the plaintiff's recovery; and it is not, therefore, necessary to consider the question as to the ordinary statute of limitations. Cited: McKeithan v. McGill, 83 N.C. 517.

Citator

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Cited by
2 opinions
ALEXANDERv. ALEXANDER'S EXECUTORS,4 N.C. 28(1814)
ALEXANDER, COUNTY TRUSTEE v. ALEXANDER'S EXECUTORS. — 1 L. R., 273.
Supreme Court of North Carolina
(January Term, 1814.)
The act of 1715 (1 Rev. Stat., ch. 65, sec. 11) will bar an action brought by a county trustee against the executors of a county ranger for money received by their testator in that character, where more than seven years had elapsed from his death to the bringing of the action.
THIS action was brought to recover money received by the defendant's testator in his lifetime as county ranger. The defendant had been dead fifteen years or more. The defendant, among other things, pleaded the ordinary statute of limitations and the statute limiting actions against the estate of deceased persons to seven years. The question referred to the Supreme Court is whether the plaintiff's claim is barred by either of the aforesaid statutes of limitation.
PER CURIAM.
The act of 1715 is clearly a bar to the plaintiff's recovery; and it is not, therefore, necessary to consider the question as to the ordinary statute of limitations.Cited: McKeithan v. McGill,83 N.C. 517.