Atherton v. Flagg
Supreme Court of Vermont
Claims allowed by Commissioners against an estate represented insolvent are'considered as judgment debts, and being such, no plea founded on the merits of the original contract can avail. An action of debt for the recovery of such claim is not an action of debt on “ any lending or contract,” without specialty: and is not within the limitation of six years.
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Claims allowed by Commissioners against an estate represented insolvent are'considered as judgment debts, and being such, no plea founded on the merits of the original contract can avail. An action of debt for the recovery of such claim is not an action of debt on “ any lending or contract,” without specialty: and is not within the limitation of six years. All the real and personal estate of a deceased person constitute a fund in the hands of the administrator for the payment of debts, and are to be by him reduced to cash for that purpose. And every claim against an estate represented…
1Opinion of the Court
AikeNS J.
delivered the opinion of the Court.
The sufficiency of the defendants’ first plea in bar, depends wholly upon the existing character of the plaintiff’s demand. For, it is admitted in the argument, as well as implied by the terms of the plea itself, that if the report of the Commissioners, upon which the present suit is brought, possesses the character and attributes of a judgment debt, this plea is insufficient. Its rea character will sufficiently appear, from a consideration of the question presented by the demurrer to the second plea in bar.
The defendant’s second plea in bar can be…
2Cited by1 opinion
- Probate Court v. ChildSupreme Court of Vermont · 1878