Bond v. Allen, 1 N.C. 83, 1 Mart. 83 (1796)

Nov. 1796 · United States Circuit Court for the District of North Carolina
1 N.C. 83, 1 Mart. 83

November Term, 1796.

In Equity.

BOND versus ALLEN & OTHERS, EXR’s. &c.

ON exception taken to the defendant’s plea, grounded on the 4th section of 1789, 23, 677, respecting the limitation of time, for ringing suit against administrators and executors.

Badger, for the complainant.

Baker, for the defendant.

The Court,

Patterson, J. and Sitgreaves, J.

held that the 4th and 5th sections of that act must be taken together: that the defendant ought to have entitled himself to the benefit of the 4th section, by shewing he had complied with the requisites in the 5th: and as this was not set forth,

The plea was overruled.