Schlutter v. Dahling

1 Plaintiff’s claim was not filed and proved within twelve months from the giving of the notice by the executrix, required by law, but she claims there are such peculiar circumstances in the case as to entitle her to equitable relief. The statute bearing upon the subject is as follows (Code, section 2421): “All claims of the above classes not filed and proven within twelve months of the giving of the notice aforesaid are forever barred, unless the claim is pending in the district or supreme court, or unless peculiar circumstances entitle the claimant to equitable relief.” The facts upon which…