Neil v. Cunningham's Executors
Supreme Court of Alabama
. Neil brought an action of debt,, in the Circuit Court of Madison, against Cunningham’s executors, to recover an. amount, alleged to have been due by the defendants’ testator, as the surety of one Buford.
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. Neil brought an action of debt,, in the Circuit Court of Madison, against Cunningham’s executors, to recover an. amount, alleged to have been due by the defendants’ testator, as the surety of one Buford. Buford was the deputy of -the plaintiff; and the cause of action was a sum of money, paid by Neil, to another, for Buford’s default. • The statute of non-claim was interposed to the recovery of the plaintiff, and the Court below, decided that the claim should have been presented within eighteen month s'after the grant, of letters testamentary on Cunningham’s.estate. There was, under this…
1Opinion of the Court
By Mr. Justice Hitchcock :
This case comes before the Courff.ttfpon an exception to the opinion of the Judge of the .'Circuit Court of Madison county, upon the construction of the sta*172tute of non claim. The defendants were sued as executors of J. B. Cunningham, who was. the security of one Buford, who was a deputy sheriff under the plaintiff, and who had had money to pay, as sheriff, for said Buford’s default. More than eighteen months had elapsed after the death of Cunningham, and the grant of letters testamentary to the present defendants before the demand was made by the plaintiffs of them,…
2Cited by12 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- McDowell v. JonesSupreme Court of Alabama · 1877
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Moore v. StephensSupreme Court of Alabama · 1956
- Foster v. FosterSupreme Court of Alabama · 1929
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