Jones v. Drewry
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before tlie Hon. H. Austill. The bill in this case was filed on 14th May, 1878, by James-. Drewry and others, citizens of Yirginia, “ in behalf of themselves and all other creditors of James W. Cook, deceased, who-are entitled to share in the proceeds of the property of said deceased. sought by this bill to be subjected to sale, and who may come in under the order or decree of the court on such terms as may be prescribed as…
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Appeal from the Chancery Court of Montgomery. Heard before tlie Hon. H. Austill. The bill in this case was filed on 14th May, 1878, by James-. Drewry and others, citizens of Yirginia, “ in behalf of themselves and all other creditors of James W. Cook, deceased, who-are entitled to share in the proceeds of the property of said deceased. sought by this bill to be subjected to sale, and who may come in under the order or decree of the court on such terms as may be prescribed as equitable;” against the widow and children of said decedent, as bis heirs at law and devisees under bis will, and…
1Opinion of the Court
BRIOKELL, C. J\
The original statute of non-claim, enacted in 1815, and continuing of force until the adoption of the Code of 1852, contained an exception in favor of “ debts contracted out of this State,” and of the claims of femmes covert. Clay’s Dig. 195, § 17. Tn the revision of the statutes of the Code‘ of 1852, these exceptions were omitted, and the only persons excepted from the operation of the bar of the statute were “ heirs or legatees claiming as such,” and minors or persons of unsound mind, who were allowed eighteen months after the removal of their respective disabilities for the…
2Cases cited12 opinions
- McElmoyle Ex Rel. Bailey v. CohenSupreme Court of the United States · 1839
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Suydam v. BroadnaxSupreme Court of the United States · 1840
- McDowell v. JonesSupreme Court of Alabama · 1877
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
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3Cited by8 opinions
- Central Iron & Coal Co. v. PenningtonSupreme Court of Alabama · 1923
- Ivory v. FitzpatrickSupreme Court of Alabama · 1984
- McDowell v. BrantleySupreme Court of Alabama · 1885
- Reed v. BloodworthSupreme Court of Alabama · 1917
- Fox v. WoodsSupreme Court of Alabama · 1980
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