Aycock v. Johnson
Supreme Court of Alabama
Appeal from Colbert Circuit Court. . Tried before Hon. Thos. R. Roulhae. This action was brought September 1, 1897, by the appellee, Kate M. Johnson, as executrix of the estate of W. A. Johnson, deceased, against the appellant, Robert Aycock, as administrator'of the-estate of John Aycock, deceased. . The complaint counted upon two notes, under seal, executed by the defendant’s intestate and one H. T. Cullender, on February 16, 1889, and payable one day after date to the…
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Appeal from Colbert Circuit Court. . Tried before Hon. Thos. R. Roulhae. This action was brought September 1, 1897, by the appellee, Kate M. Johnson, as executrix of the estate of W. A. Johnson, deceased, against the appellant, Robert Aycock, as administrator'of the-estate of John Aycock, deceased. . The complaint counted upon two notes, under seal, executed by the defendant’s intestate and one H. T. Cullender, on February 16, 1889, and payable one day after date to the order of W. A. Johnson. The defendant pleaded the general issue and two special pleas. The first of these special pleas set…
1Opinion of the CourtColeman, J.
The appellee, as administratrix of the estate of W. A. Johnson, brought suit upon a promissory- note, against the appellant, as administrator of the estate of John’Aycock. It is hot controAmrted that defendants intestate executed the note sued upon. The defendant pleaded'the statute of non-claim of twelve months and of eighteen months. The suit Avas instituted on the 1st day of September, 1897. Neither of said pleas of non-claiui are technically correct, in the averment that the claim sued' upon was not presented within eighteen months, or Avithin twelve months from the 25th day of February,…
2Cases cited1 opinion
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
3Cited by2 opinions
- Cronheim v. LovemanSupreme Court of Alabama · 1932
- Morrissett v. CarrSupreme Court of Alabama · 1899