Davis v. Estate of Davis
Montana Supreme Court
Appeals from District Court, Silver Bow County; E. M. Lamb, Judge. Action by George Wesley Davis against the estate of Theah Jane Davis, deceased, and another. From a judgment for defendants and an order denying a new trial, plaintiff appeals.
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Appeals from District Court, Silver Bow County; E. M. Lamb, Judge. Action by George Wesley Davis against the estate of Theah Jane Davis, deceased, and another. From a judgment for defendants and an order denying a new trial, plaintiff appeals. The death of the mater of the notes in question did not have the effect, of itself, of tolling the general statute of limitations when the statute had commenced to run prior to her death, and neither did the presentation of the claim to the judge for allowance stop the running of this statute. (Whiteside v. Catching, 19 Mont. 394, 48 Pac. 747; Barclay…
1Opinion of the CourtJustice Hurly
Plaintiff sued to recover upon two promissory notes, for $15,000 each, dated, respectively, June 1, 1895, and June 1, 1896, each due one year after date, with interest at ten per cent per annum, alleged to have been executed by Theah Jane Davis, the mother of plaintiff; no part of either of said notes having been paid.
It is alleged in the complaint that Theah Jane Davis died testate on or about February 12, 1898, her will admitted to probate, and plaintiff appointed as executor thereof on June 25, 1898; that after qualifying as executor, and under date of June 28, 1898, notice to creditors…
2Cases cited9 opinions
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- Janin v. BrowneCalifornia Supreme Court · 1881
- Walden v. The Heirs of GratzSupreme Court of the United States · 1816
- McAuliff v. ParkerWashington Supreme Court · 1894
- Barclay v. BlackintonCalifornia Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Park County Ex Rel. Park County Welfare Department v. BlackburnWyoming Supreme Court · 1964
- Roche Valley Land Co. v. BarthMontana Supreme Court · 1923
- Cartwright v. JoyceMontana Supreme Court · 1970
- In re Estate of TannerDistrict Court of Appeal of Florida · 1974
- Daughters of Jesus v. GeeMontana Supreme Court · 1969