Alpaugh v. Wilson

Bird, Y. C.

Mrs. Wilson brought this suit against the executors of the last will and testament of her late husband, to recover the amount claimed to be due upon a promissory note given' by him to her on the 2d day of April, 1883. Mrs. Wilson died pending the suit and the present complainant was substituted in her stead.

The principal defence in this suit-is the statute of limitations. The parties to the transaction being husband and wife, it must be determined whether or not the statute applies. I think that it is not seriously disputed but that under the common law the wife could not maintain…