Lewis v. Ford
Supreme Court of Alabama
Bill in Equity to Charge Debts of Testator on Property De~ vised to his Wife. Appeal from Mobile Chancery Court. Heard before tbe Hon. H. Austill. Reuben Whatley, being indebted to Edward A. Lewis in tbe sum of $606, executed his promissory note for that amount on tbe 12th of August,. 1865. Tbe note was payable to Lewis, and became due twelve months after date.
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Bill in Equity to Charge Debts of Testator on Property De~ vised to his Wife. Appeal from Mobile Chancery Court. Heard before tbe Hon. H. Austill. Reuben Whatley, being indebted to Edward A. Lewis in tbe sum of $606, executed his promissory note for that amount on tbe 12th of August,. 1865. Tbe note was payable to Lewis, and became due twelve months after date. On tbe 17th of October, 1865, Reuben Whatley died, leaving his wife Sarah, and one child, Reuben, surviving him, and by bis last will, wbicb was duly probated, be gave all bis property to his wife, who took possession of it and held it…
1Opinion of the CourtSomebville, J.
— This is a bill filed by the appellant, Lewis, for the. purpose of charging a debt of the testator, Beuben Whatley, upon certain property, real and personal, which had been devised by will to his wife, Sarah Whatley. The latter subsequently married the appellee, Ford, who, after her death, became her executor.
The Chancellor held that the claim of appellant, which was an unsealed promissory note, was barred by the statute of limitations of six years ; and this is conceded to be- the main question raised by assignment of error, for the consideration of the appellate court.
The charge is sought…
2Cases cited3 opinions
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Carrington & Co. v. Manning's HeirsSupreme Court of Alabama · 1848
- Pickett v. HobdySupreme Court of Alabama · 1879
3Cited by9 opinions
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- Chandler v. WynneSupreme Court of Alabama · 1887
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