Trimble v. Fariss
Supreme Court of Alabama
Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Tiros. M. Arrington. The hill in this case was filed on the 22d October, 1883, by Julius B. Trimble, as administrator with the will annexed of Francis Bugbee, deceased, against the surviving executor (Robert C. Fariss) and the children of William B. Fariss, deceased, as his heirs and devisees; and sought to subject certain real estate, which the defendants held under the will of said W. B. Fariss, to…
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Appeal from the City Court of Montgomery, in Equity. Heard before the Hon. Tiros. M. Arrington. The hill in this case was filed on the 22d October, 1883, by Julius B. Trimble, as administrator with the will annexed of Francis Bugbee, deceased, against the surviving executor (Robert C. Fariss) and the children of William B. Fariss, deceased, as his heirs and devisees; and sought to subject certain real estate, which the defendants held under the will of said W. B. Fariss, to the payment of a debt which the said Fariss, at the time of his death, owed to said Bugbee. This debt was evidenced by a…
1Opinion of the CourtClopton, J.
There can be no question that, when a proceeding is instituted by the personal representative, or by a creditor of the decedent, to sell descended or devised lands for the payment of debts, the heir or devisee may interpose any defense which would have availed the intestate or testator, if living and sued on the debt, or which the personal representative could have interposed if sued at law. If the claim is barred by the statute of limitations at the time the proceeding is commenced, the defense is available to the heir or devisee, notwithstanding any intervenient act, admission, or omission…
2Cases cited11 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Steele v. Steele's Adm'rSupreme Court of Alabama · 1879
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Cullum v. ErwinSupreme Court of Alabama · 1842
- Teague v. CorbittSupreme Court of Alabama · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Curry v. PeeblesSupreme Court of Alabama · 1887
- Abels v. Planters & Merchants Ins.Supreme Court of Alabama · 1890
- Shelby v. TardySupreme Court of Alabama · 1887
- Kornegay v. MayerSupreme Court of Alabama · 1902
9 more not listed; retrieve them via the Exa API.