Robertson v. Tarry

It is claimed in the petition for a rehearing that this action is barred by sections 80 and 81 of. the executors and administrators act (Gen. Stat. 1868, ch. 37 §§ 80, 81, Gen. Stat. 1909, §§ 3515, 3516), and that section 106 of that act (Gen. Stat. 1868, ch. 37, § 106, Gen. Stat. 1909, § 3541) and section 17 of th^ code of civil procedure are not applicable. •

*451We can not accept this contention. Sections 80 and 81, swpra, relate to the presentation of claims to the executor or administrator of an estate, and are more properly designated statutes of nonclaim than as' statutes of limitation;…