Mueller v. Light
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; The statute of non-claim has no application to a debt secured by a deed of trust. 22 Ark. 535. Payment' by an administrator of an unprobated debt of his decedent which is secured by mortgage will not arrest the running of the statute of limitations unless there was no order of the probate court authorizing such payment. 65 Ark. 1. The law presumes that everv man does his duty until the contrary is shown. 25…
Read the full summary
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; The statute of non-claim has no application to a debt secured by a deed of trust. 22 Ark. 535. Payment' by an administrator of an unprobated debt of his decedent which is secured by mortgage will not arrest the running of the statute of limitations unless there was no order of the probate court authorizing such payment. 65 Ark. 1. The law presumes that everv man does his duty until the contrary is shown. 25 Ark. 311. The statute of limitations does not afford a bar to proving a claim against a fund in court. 31 Ont. 495; 19…
1DissentMcCulloch, C. J.
The complaint alleges a payment by the administrator within the five-year period of limitation. If the payment was not authorized by an order of the probate court, this could have been pleaded by answer, but the complaint was good on demurrer, for, from the allegation that the payment was made by the administration, it should be inferred, in testing the sufficiency of the complaint on demurrer, that the alleged payment was an authorized one.
The mortgage debt matured May 22, 1902; Glasscock, the debtor, died February 25, 1901; payment was made by the administrator November 9, 1905, and this…
2Cases cited5 opinions
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Ross v. Frick Co.Supreme Court of Arkansas · 1904
- Salinger v. BlackSupreme Court of Arkansas · 1900
- McGill v. HughesSupreme Court of Arkansas · 1907
- Pope's heirs v. Boyd's adx.Supreme Court of Arkansas · 1861