Gray's adm'rs v. White
Supreme Court of Alabama
WRIT of error to the County Court of Tuskaloosa, This was an action of Assumpsit, by the defendants in error, against the plaintiffs' and Lorenzo L. Sexton, on a promissory note made by a mercantile firm, of which their intestate was a partner, for the payment, twelve months after date, to the order of the Messrs. White, of the sum of four hundred and eight 18-100 dollars, at the U. S. Bank in Mobile.
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WRIT of error to the County Court of Tuskaloosa, This was an action of Assumpsit, by the defendants in error, against the plaintiffs' and Lorenzo L. Sexton, on a promissory note made by a mercantile firm, of which their intestate was a partner, for the payment, twelve months after date, to the order of the Messrs. White, of the sum of four hundred and eight 18-100 dollars, at the U. S. Bank in Mobile. The defendants below pleaded jointly. 1. That they were not administrators. 2. Non-assumpsit by intestate within six years. 3. Actio non accrevil infra sex annos. 4. The statute of non-claim;…
1Opinion of the CourtCollier, C. J.
1. It is insisted, that the replication to the fourth plea is too limited in its averments; that it is not enough to show that the debt sued on was contracted in another State, but it should go further, and deny that the payee- of the note resides here. Such is not the law. The statute which requires the presentation of claims against the estate of a deceased person within eighteen months from the grant of letters testamentary, or of administration, contains an express exception in favor of debts contracted out of the State. Under the influence of that excep*492tion it has been held, that a…
2Cases cited2 opinions
- Grasser v. EckartSupreme Court of Pennsylvania · 1809
- Fletcher v. GambleSupreme Court of Alabama · 1842
3Cited by5 opinions
- Vance v. Wells & Co.Supreme Court of Alabama · 1845
- Park v. EdgeSupreme Court of Alabama · 1868
- Stiles v. LacySupreme Court of Alabama · 1844
- Chandler v. LyonSupreme Court of Alabama · 1845
- State Bank v. MinikinSupreme Court of Arkansas · 1852