Smith v. Heirs of Bond
Supreme Court of Alabama
Error to the Orphans’ Court of Sumter. This was a petition by the plaintiff in error, for leave to sell certain lands of his intestate to satisfy creditors. The heirs appeared and pleaded severally, the statute of limitations of three years to the open accounts, and of six years to the promissory notes filed as evidence.
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Error to the Orphans’ Court of Sumter. This was a petition by the plaintiff in error, for leave to sell certain lands of his intestate to satisfy creditors. The heirs appeared and pleaded severally, the statute of limitations of three years to the open accounts, and of six years to the promissory notes filed as evidence. Replication of a subsequent promise by Bond, the deceased, and that he had removed, and resided beyond the jurisdiction of the Court to the time of his death. A jury was empannelled. From a bill of exceptions it appears, that testimony was offered to prove, that Bond was…
1Opinion of the CourtOrmond, J.
The principal questions presented upon the record, arise out of the exception in the statute of limitations, relating to absence from the State: “ If any person, against whom there is, or shall be any cause of action, as is specified in the preceding sections of this act, is, or shall be, out of this State at the time of the cause of such action accruing, or any time during which a suit might be sustained on such cause of action, then the person, or persons, who is, or shall be, entitled to such action, shall be at liberty to bring the same, against such person, after his return into this…
2Cases cited2 opinions
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- Sleght v. KaneNew York Supreme Court · 1799
3Cited by9 opinions
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- Steen v. SwadleySupreme Court of Alabama · 1899
- Coleman v. HolmesSupreme Court of Alabama · 1870
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