Sunberg v. Sebelius
North Dakota Supreme Court
Appeal from tbe District Court of Bottineau County, Honorable A~ G. Burr, Judge. From tbe first presentation of a claim against an estate, tbe limitation statute as to barred claims begins to run, and a subsequent presentation cannot revive tbe claim or toll tbe statute. Comp.
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Appeal from tbe District Court of Bottineau County, Honorable A~ G. Burr, Judge. From tbe first presentation of a claim against an estate, tbe limitation statute as to barred claims begins to run, and a subsequent presentation cannot revive tbe claim or toll tbe statute. Comp. Laws 1913, § 8742; Mann v. Bedmon, 23 N. D. 508, 137 N. W. 478; Singer v, Austin, 19 N. D. 546, 125 N. W. 560. No action on a claim may be commenced until rejection of tbe claim by tbe executor or administrator, either by operation of law or by written rejection indorsed tbereon. Murray v. Johnson, 28 S. D. 571, 134 N.…
1Opinion of the CourtGrace, J.
This action is one involving recovery on a certain promissory note dated January 19, 1915, and due October 1, 1915, with interest thereon at 10 per cent from date until paid.
The complaint alleges the note to have been executed and delivered by August Sebelius and G. A. Sebelius to the Farmers & Merchants Bank of Overly, and by them, for value received, indorsed and transferred to the plaintiff prior to October 1, 1915. Plaintiff further shows-that August- Sebelius died testate prior to December 18, 1915; and further alleges the appointment of Mary Sebelius, surviving widow of August Sebelius,…
2Cited by2 opinions
- Graber Ex Rel. Estate of Graber v. BontragerNorth Dakota Supreme Court · 1939
- Vance v. HansonNorth Dakota Supreme Court · 1923