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INGRAM v. SMITH

No. 7219SC496.

191 S.E.2d 390 (1972)

16 N.C. App. 147

Henry L. INGRAM, Jr., Substituted Trustee, v. Dock G. SMITH, Jr., Administrator of the Estate of Henry Fletcher Garner, Deceased.

Court of Appeals of North Carolina.

Certiorari Denied November 8, 1972.

Attorney(s) appearing for the Case

John Randolph Ingram, Asheboro, for plaintiffs appellants.

Coltrane & Gavin by W. E. Gavin, Asheboro, for defendant appellee.

Certiorari Denied by Supreme Court November 8, 1972.

CAMPBELL, Judge.

The judgment on which this action is based was entered on 11 February 1959; this action was commenced on 20 February 1969. Although in fact more than ten years have passed since the judgment was entered, whether the ten-year statute of limitations has run to bar suit depends upon the effect of G.S. § 1-22, since the defendant, H. F. Garner, is now deceased.

G.S. § 1-22...

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