Gibbs v. . Smith

Tbis is a petition filed in the cause by an administrator d. b. n. to sell real estate to make assets to pay a judgment taken and docketed against the intestate during his lifetime, and from judgment granting the petition the defendants, heirs at law, appealed, assigning error. It is stipulated that the sole question presented by the exception to the judgment below is as to the effect of the statute of limitations pleaded by the defendants. It is also stipulated that the facts found by the court below are binding upon the parties. The court found, inter alia, the following facts:(1) The…