Branch Bank at Decatur v. Donelson
Supreme Court of Alabama
Writ of Error to the County Court of Lauderdale. This was an action of assumpsit at the suit of the plaintiff in error, against the defendant, upon the indorsement of her intestate, on a bill of which he was the payee.
Read the full summary
Writ of Error to the County Court of Lauderdale. This was an action of assumpsit at the suit of the plaintiff in error, against the defendant, upon the indorsement of her intestate, on a bill of which he was the payee. Among other pleas, the defendant pleaded that the claim sued on was not presented to her within the time prescribed by the statute ; .to which the plaintiff replied, that the defendant removed beyond the limits of this State within less than eighteen months after the grant of administration to her, and immediately on her return, this suit was instituted. The defendant demurred…
1Opinion of the CourtCollier, C. J.
By a statute passed in 1815, it is enacted that “all claims against the estates of deceased persons shall be presented to the executor or administrator, within eighteen months after the same shall have accrued, or within eighteen months after the passing of this act, or within eigh-. teen months after letters testamentary or letters of administration shall have been granted to said executor'or administrator, and not after; and all claims not presented within the *742time aforesaid, shall be forever barred from a recovery: provided, that the provisions of this section shall not extend to persons…
2Cases cited3 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Caldwell ex dem. Caldwell v. ThorpSupreme Court of Alabama · 1845
- Lynde v. DenisonSupreme Court of Connecticut · 1820
3Cited by6 opinions
- Yniestra v. TarletonSupreme Court of Alabama · 1880
- Douglass v. FolsomNevada Supreme Court · 1893
- Lowe's Adm'r v. JonesSupreme Court of Alabama · 1849
- Daniel v. DaySupreme Court of Alabama · 1874
- Lee v. WoodSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.