McFarland v. Fairlamb

*604The opinion of the court was delivered, by

Gordon, J.

Appellant is the executrix of the estate of H. T. Fairlamb, deceased. Respondent’s action is upon a promissory note executed by said Fairlamb and various other parties, but appellant was the only defendant served with process or who appeared in the action. The answer alleged a failure to present the claim prior to the commencement of the action. The court, among other things, found as follows:

“ 3d. That no notice to creditors of said estate of any character or description whatever, was published or given by said executrix, requiring such…