Frazer's Adm'rs v. Frazer
Court of Appeals of Kentucky
Case 35 — PETITION EQUITY APPEAL FROM METCALFE CIRCUIT COURT. First. The note sued on was executed Oct. 16, 1856, and due twelve months after date. The indorsement on the back of the note shows that $40 were paid on the note Dec. 25, 1862. This payment evidenced by the indorsement on the back of the note suspended the operation of the statute of limitations between the accrual of the cause of action Oct. 16, 1857, and the date of payment.
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Case 35 — PETITION EQUITY APPEAL FROM METCALFE CIRCUIT COURT. First. The note sued on was executed Oct. 16, 1856, and due twelve months after date. The indorsement on the back of the note shows that $40 were paid on the note Dec. 25, 1862. This payment evidenced by the indorsement on the back of the note suspended the operation of the statute of limitations between the accrual of the cause of action Oct. 16, 1857, and the date of payment. (English v. Wathen, 9 Bush, 887.) The possession of the note with the ancient indorsement thereon is prima fade evidence of the facts recited in the…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The administrators of the goods, etc., of Z. M. P. Frazer, deceased, instituted an action in equity in the Metcalfe Circuit Court for the purpose of settling the estate of their intestate, and as the personal estate was insufficient for the payment of debts, asked a sale of his land or so much as might be necessary for that purpose. His widow and children were made defendants to the action.
During the progress of the case Lewis H. Frazer, one of the administrators, who was also the administrator of Thomas A. R. Frazer, deceased, presented a note…
2Cited by12 opinions
- Tate v. HawkinsCourt of Appeals of Kentucky · 1884
- Darraugh v. DennyCourt of Appeals of Kentucky · 1922
- Kendall v. ClarkeCourt of Appeals of Kentucky · 1890
- Denny v. DarraughCourt of Appeals of Kentucky (pre-1976) · 1925
- Harrison v. Pearcy & ColemanCourt of Appeals of Kentucky · 1917
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