Pipkin v. Hewlett
Supreme Court of Alabama
Error to the Circuit Court of Madison. Tried before the Hon. Thomas A. Walker. This was a proceeding by sci.fa. to revive a suit against the defendant in error as administrator de bonis non of Thomas W. Scott.
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Error to the Circuit Court of Madison. Tried before the Hon. Thomas A. Walker. This was a proceeding by sci.fa. to revive a suit against the defendant in error as administrator de bonis non of Thomas W. Scott. The defendant relied on the statute of non-claim, and avered the grant of administration to Nancy Scott on the 16th January 1839, and, after her death, to himself on the 4th April 1840, and that the plaintiff’s claim was not presented to either within eighteen months from the first grant of administration. — ■ The plaintiff replied, that on the 22d July 1839, a sci.fa. issued to Mary…
1Opinion of the CourtDargan, C. J.
It is too well settled by the decisions of this court to be now controverted, that the mere knowledge on the part of an executor or administrator of the existence of a claim or debt against the estate he represents is not sufficient to supersede the necessity of a presentation of the claim to him. Yet it is equally well settled, that the commencement of a suit against him and the service of the writ, or the service of a scire facias to make him a party to a suit pending against the decedent at his death, within eighteen months from the grant of letters testamentary or of administration, is a…
2Cases cited3 opinions
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Garrow v. CarpenterSupreme Court of Alabama · 1835
- Hallet v. Branch Bank at MobileSupreme Court of Alabama · 1847
3Cited by11 opinions
- McDowell v. JonesSupreme Court of Alabama · 1877
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Smith v. FellowsSupreme Court of Alabama · 1877
- Jones v. DrewrySupreme Court of Alabama · 1882
- Sambs v. SteinWisconsin Supreme Court · 1881
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