Allen v. Elliott
Supreme Court of Alabama
Action on Promissory Note ; Plea, Statute of Limitations and of Non-claim. Appeal from Shelby Circuit Court. Heard before Hon. J. E. Cobb. This was an action brought on the 27th of May, 1872, by J. L. Elliott and G. W..-Bilberry, as administrators of the estate of Bennett Davis, deceased, against B. P. Allen, as administrator of the estate of R. J. Allen, deceased.
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Action on Promissory Note ; Plea, Statute of Limitations and of Non-claim. Appeal from Shelby Circuit Court. Heard before Hon. J. E. Cobb. This was an action brought on the 27th of May, 1872, by J. L. Elliott and G. W..-Bilberry, as administrators of the estate of Bennett Davis, deceased, against B. P. Allen, as administrator of the estate of R. J. Allen, deceased. The suit was founded on the following note, viz: “April 18, 1861. $900. One day after date we promise to pay to the order of Bennett Davis, nine hundred dollars, for value received. R. N. Allen, R. J. Allen.” The defendants…
1Opinion of the CourtSome Ryille, J.
— It has been repeatedly decided by this court, that mere knowledge of the existence of a claim, on the part of an executor or administrator, no matter how full and complete it may be, will not prevent the operation of the statute of non-claim, To produce this effect, the statute is mandatory in the requirement of an actual presentation, or of some act done by the creditor or claimant which is equivalent thereto ; otherwise the claim is forever barred and extinguished. — Jones v. Lightfoot, 10 Ala. 17; Br. Bank Decatur v. Hawkins, 12 Ala. 755; Code (1876) §§ 2597, 2599.
It is indispensable not…
2Cases cited8 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- McDowell v. JonesSupreme Court of Alabama · 1877
- Owen v. SlatterSupreme Court of Alabama · 1855
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Garner v. JohnsonSupreme Court of Alabama · 1853
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3Cited by21 opinions
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Borum v. BellSupreme Court of Alabama · 1902
- Brannan v. SherrySupreme Court of Alabama · 1916
- Lowry v. StottsCourt of Appeals of Kentucky · 1910
- Johnston v. New Omaha Thomson-Houston Electric Light Co.Nebraska Supreme Court · 1910
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