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Alexander v. Alexander's Executors

Supreme Court of North Carolina
Jan 1, 1814
4 N.C. 28 (N.C. 1814)

Summary

In Kelly v. Goodbreed's Executors, 4 N.C. 28 (468), it is held: "After the testimony in a cause is closed, the introduction of other witnesses is a matter within the sound discretion of the Court."

Summary of this case from Featherston v. Wilson

Opinion

(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.


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.


Summaries of

Alexander v. Alexander's Executors

Supreme Court of North Carolina
Jan 1, 1814
4 N.C. 28 (N.C. 1814)

In Kelly v. Goodbreed's Executors, 4 N.C. 28 (468), it is held: "After the testimony in a cause is closed, the introduction of other witnesses is a matter within the sound discretion of the Court."

Summary of this case from Featherston v. Wilson

In Albertson v. Reding, 4 N.C. 28; S. c., 6 N.C. 251, the Court decided that in the action for ejectment it was incumbent on the plaintiff to prove the defendant in actual possession of the lands sued for, because it was presumable that the defendant was not so well acquainted with the boundaries of the land set forth in the plaintiff's declaration as the plaintiff was with the defendant's actual possession.

Summary of this case from Mordecai v. Oliver
Case details for

Alexander v. Alexander's Executors

Case Details

Full title:ALEXANDER, COUNTY TRUSTEE v. ALEXANDER'S EXECUTORS. — 1 L. R., 273

Court:Supreme Court of North Carolina

Date published: Jan 1, 1814

Citations

4 N.C. 28 (N.C. 1814)

Citing Cases

Mordecai v. Oliver

HALL, J. In Albertson v. Reding, 4 N.C. 28; S. c., 6 N.C. 251, the Court decided that in the action for…

McDowell v. Love

BATTLE, J. Ever since the decision of the case of Albertson v. Redding, 6 N.C. 283; s. c., 4 N.C. 28, it has…