A. McCoy's, Inc. v. Garner

Gardner, Judge.

Fred D. Garner died testate and devised certain land to respondents James R. and Kathy S. Garner (the Garners). His estate was fully administered and the executors discharged; some twenty months later, appellant A. McCoy’s, Inc. (McCoy’s) brought this action against the Garners to subject the land devised to them to an alleged debt owed it by the deceased Fred D. Garner. The trial judge dismissed the action with prejudice holding that McCoy’s claim is forever barred by its failure to file a properly attested claim against the estate as required by Section 21-15-640, Code of…