Baker's adm'r. v. Baker's adm'r.
Court of Appeals of Kentucky
ERROR TO MASON CIRCUIT. Chancery. Case 20. Case stated. Í. It is a well Settled rule, that When, the statute of limitations begins to run in bar of a right to recover personal property, it continues to run notwithstanding the death of the claimant.
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ERROR TO MASON CIRCUIT. Chancery. Case 20. Case stated. Í. It is a well Settled rule, that When, the statute of limitations begins to run in bar of a right to recover personal property, it continues to run notwithstanding the death of the claimant. (1 Bibb, 181; 2 lb. 537; 3 Monroe, 41;) but if it did not begin to run before the death of the claimant, it would not commence until administration graftted. 2. If a suit is comrftefteed before the right of action is barred, and abates by the death of the party, plaintifforeomplainant, but is again commenced, or revived within one year, it comes…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
In the year 1819, Beckwith Baker executed to his brother John Baker a bill of sale for a mulatto boy named John, in which it was stated that-the sale had been made in 1817, for the consideration of three hundred and fifty dollars, sixty dollars of which had been paid on the day of the sale, and that the balance had been paid and secured to be paid on the day the writing was executed.
In the year 1825, Beckwith Baker instituted a suit jn chancery against John Baker, and alleged in his bill, that although the aforesaid bill of sale was absolute on…
2Cases cited3 opinions
- Watson v. WilsonCourt of Appeals of Kentucky · 1834
- Fenwick v. Macey's ExecutorsCourt of Appeals of Kentucky · 1833
- Montgomery v. CaldwellCourt of Appeals of Kentucky · 1816