Andrews v. . Mulford

Superior Court of North Carolina

Andrews v. . Mulford

2 N.C. 311

CourtSuperior Court of North Carolina

DecidedMay 5, 1796

StatusPublished

Cited by6 cases

This text of 2 N.C. 311 (Andrews v. . Mulford) is published on Counsel Stack Legal Research, covering Superior Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrews v. . Mulford, 2 N.C. 311 (N.C. Ct. App. 1796).

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Opinions

HAYWOOD, J., only present. Will it not be proper to consider whether, if the act of limitations began to run from the time actual possession was taken (which is stated to have been in the lifetime of Mr. Waddle, the patentee, and about three years before he went to Europe) its operation can be suspended by his going beyond sea, or by his death, leaving infant heirs.

Counsel for the plaintiff: General Davie and myself have formerly considered of that question. It is a rule adopted only in the case of fines in England; it does not apply to the act of limitations.

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HAYWOOD, J., only present. Will it not be proper to consider whether, if the act of limitations began to run from the time actual possession was taken (which is stated to have been in the lifetime of Mr. Waddle, the patentee, and about three years before he went to Europe) its operation can be suspended by his going beyond sea, or by his death, leaving infant heirs.

Counsel for the plaintiff: General Davie and myself have formerly considered of that question. It is a rule adopted only in the case of fines in England; it does not apply to the act of limitations.

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Bluebook (online)

2 N.C. 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-mulford-ncsuperct-1796.

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