White v. Sowell

BROWN, Justice.

This is an action of assumpsit by the payee of a promissory note against the administrators de bonis non of the estate of one of the makers, C. N. Lowe, the other maker being J. R. Lowe & Co., not here sued.

The defendants pleaded the general issue and special pleas 2, 3, and 4.

Plea 2 avers that the note sued on is barred by the statute of nonclaim “because the same was not presented within 12 months after the grant of letters of administration, by filing the same or a statement thereof in the office of the Judge of Probate of Cherokee County, Alabama, in which office letters of…