In re the Estate of Sullenberger
California Supreme Court
Appeal from, an order of the Superior Court of Yolo County setting aside the allowance of a claim against the estate of a deceased person. The facts are stated in the opinion,
1Opinion of the Court
Hayne, C.
— This is an appeal from an order setting aside the allowance by the judge of a claim against the *550estate. The ground of the order was that the claim was barred by the statute of limitations.
We think the claim was barred. It was upon a promissory note dated December 2, 1878, and payable eight months after date. Sullenberger died December 5,1883, at which time the statute had run against the note, unless the case is taken out of its operation by the following circumstances: After the death of L. C. Drummond (the payee), Sullenberger (the maker) sold some wheat to M. Drummond, who was…
2Cited by20 opinions
- Etchas v. OrenaCalifornia Supreme Court · 1900
- Consolidated Construction Co. v. Pacific Electric RailwayCalifornia Supreme Court · 1920
- Hamilton v. BlakeneySupreme Court of Oklahoma · 1917
- Estate of RobertsCalifornia Court of Appeal · 1942
- Glass v. GlassCalifornia Court of Appeal · 1906
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