Taylor v. Forsey
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in this ease was filed by Mrs. Susan E. Eorsey, a lunatic, who sued by her guardian, E. A. O’Neal, Jr., against Morris K. Taylor, John M. Humphrey, James A. Boyd, and Martha D. Boyd, his wife; and sought an account of an annuity in favor of the complainant, and to have it declared and enforced as a charge on certain lands, which said Boyd and wife had sold and conveyed to said Humphrey,…
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Appeal from the Chancery Court of Madison. Heard before the Hon. H. C. Speake. The bill in this ease was filed by Mrs. Susan E. Eorsey, a lunatic, who sued by her guardian, E. A. O’Neal, Jr., against Morris K. Taylor, John M. Humphrey, James A. Boyd, and Martha D. Boyd, his wife; and sought an account of an annuity in favor of the complainant, and to have it declared and enforced as a charge on certain lands, which said Boyd and wife had sold and conveyed to said Humphrey, who sold and conveyed to said Taylor. The bill was filed on the 5th August, 1872; and the original having been lost after…
1Opinion of the CourtStone, J.
The answer to the bill in this case contains a plea of the statute of limitations of three years. It does not appear, either from the bill or answer, that the claim sued on was an open account. On the contrary, the claim was a fixed sum, no term of which was left open. Such claim is not an open account. This plea is bad, and was rightly disregarded.— Winston v. Trustees, 1 Ala. 124; Caruthers v. Mardis, 3 Ala. 599; Brooks v. McFarland, 20 Ala. 483; Harrison v. Harrison, 39 Ala. 489; Mims v. Sturtevant, 18 Ala. 358.
2. But neither the statute of limitations, nor staleness; was available to…
2Cases cited8 opinions
- Aday v. EcholsSupreme Court of Alabama · 1850
- Johnson v. ThweattSupreme Court of Alabama · 1851
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Witter v. DudleySupreme Court of Alabama · 1868
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3Cited by5 opinions
- Mewburn's Heirs v. BassSupreme Court of Alabama · 1886
- Shorter v. FrazerSupreme Court of Alabama · 1879
- Battle v. ReidSupreme Court of Alabama · 1880
- Fowler v. PritchardSupreme Court of Alabama · 1906
- Michie v. NebrigSupreme Court of Alabama · 1931