Harrison v. Heflin
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. This is an appeal from a decree sustaining a demurrer of John T. Heflin, as administrator of tbe estate of Edward Gantt, deceased, to tbe bill of complainant filed against bim in tbe court below by Richard K. Harrison and others.
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Appeal from Chancery Court of Dallas. Heard before Hon. Charles Turner. This is an appeal from a decree sustaining a demurrer of John T. Heflin, as administrator of tbe estate of Edward Gantt, deceased, to tbe bill of complainant filed against bim in tbe court below by Richard K. Harrison and others. Tbe case made by tbe bill, so far as necessary to a proper understanding of tbe matters involved on demurrer, is as follows: On tbe first day of March, 1843, Richard B. Harrison died intestate, in tbe county of Dallas, unmarried and without ■ issue. He left a large estate in lands and personal…
1Opinion of the CourtBrickell, C. J.
The correctness of the decree sustaining the demurrer of the appellee, Heflin, is the only matter to be considered on this appeal. The demurrer was sustained because it was supposed the case made by the bill was within and barred by the clause of subdivision 6, § 2901 of the Revised Code, which declares that actions against the sureties of executors, administrators or guardians, for any misfeasance or malfeasance whatever of their principal, must be brought within six years, the time to be computed from the act done or omitted, which fixed the liability of the surety. This provision was first…
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