Brown v. Merrick
Supreme Court of Arkansas
Writ of Error to the Cwouit Court of PulaSlci County. Hon. ¥k. H. Feild, Circuit Judge. This court has decided that the statute of limitations does not run against the creditor of an estate, from the period of the death until administration is had.: that when the statute has commenced to run, it will stop At the death, and will not commence running again until there is administration.
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Writ of Error to the Cwouit Court of PulaSlci County. Hon. ¥k. H. Feild, Circuit Judge. This court has decided that the statute of limitations does not run against the creditor of an estate, from the period of the death until administration is had.: that when the statute has commenced to run, it will stop At the death, and will not commence running again until there is administration. We contend that the same rule applies in favor of deceased persons’ estates, as has been decided to apply against them in favor of creditors. An administrator or executor only can sue for personal assets, on the…
1Opinion of the CourtJustice Scott
The plaintiff in error, as administrator of ~Wm. H. Bump, commenced this suit on the 4th day of November, 1863. It was an action of assumpsit on the common counts. The bill of particulars disclosed a demand for services rendered by Bump, as a clerk on a steam-boat, ending on the 16th of April, 1848. The plea of the statute of limitations of three years, was interposed. To this, the plaintiff replied that the intestate died in April, 1848, before the bar attached, and that no administration was taken or granted on his .estate until the 18th of May, 1853, when they were granted to the…
2Cases cited1 opinion
- Montgomery v. HernandezSupreme Court of the United States · 1827
3Cited by1 opinion
- Rector v. ConwaySupreme Court of Arkansas · 1859