McDougald v. Hadley

Lipscomb, J".

The material facts of this case are as follows: The appellant, who was plaintiff in the court below, instituted suit against the defendants, the executors of B. E. Smith, on the note of their testator. It is admitted that the suit was commenced after twelve months had expired from the issuance of letters testamentary, and that due notice had been published, and that the demand liad not been presented within the time prescribed by the statute, and that the succession liad not been closed. The defendant pleaded that the claim had been barred by not having been presented in time.…