Beesley v. Ebert

I write in order to distinguish the present case from Wadsworth v. Hannah, 431 So.2d 1186 (Ala.1983), with regard to the applicability of the nonclaim statute, Code 1975, § 43-2-350. In my dissent in Wadsworth, I noted two exceptions to the non-claim statute. One of those “exceptions” is a claim of title against the estate. Duval’s Heirs v. McLoskey, 1 Ala. 708 (1840). It was my view in Wads-worth that title to the property at issue was unquestionably in the heir of the deceased and that the action was a contract action, which is within the non-claim statute. The complaint in the present…