Tom E. Taylor Undertaking Co. v. Smith's Estate

Anderson, J.,

delivered opinion of the court.

Appellant, whose business is indicated by its name, sought to have sold through a proceeding in the Chancery Court a sufficiency of the estate of Hettie K. Smith, deceased, which estate is the appellee in this cause, to pay a balance due on her funeral expenses. The point was made on behalf of the estate that the claim was barred by the four-year statute of limitations (Section 2295, Code 1930). The chancellor so held and dismissed the proceedings. From that decree this appeal is prosecuted. The cause was tried on agreed facts.

On the death of Mrs.…