Perry v. West
Mississippi Supreme Court
Error to the Circuit Court of Holmes county. Hon. E. G. Henry, judge. cited the following authorities : 3 How. 216, 300 ; 4 How. 242; 1 How.'115; 27 Hiss. 61; ' 28 Hiss. 152; 37 Hiss. 110. contended, That tbe statute was conclusive of the question; its language can admit of but one construction: “ That unless the claim is registered within the two years, no suit at law or equity shall be sustained thereon.” Rev. Code, 444, article 83.
1Opinion of the CourtEllett, J.
The plaintiff in error declared on an open account. The defendants pleaded that the claim sued on was not registered within two years after publication of notice to creditors. The plaintiff' replied that the defendants had notice of the existence of the said claim within two years after said publication. The defendants demurred to this replication, and the court sustained the demurrer, and gave judgment for the defendants. The propriety of this decision is the question- for our consideration.
The statute under which the question arises, is as follows:
“ All claims against the estate of a…
2Cases cited2 opinions
- Branch Bank of Alabama at Mobile v. RhewMississippi Supreme Court · 1859
- Brown v. HillMississippi Supreme Court · 1854
3Cited by2 opinions
- Cheairs' Executors v. Cheairs' AdministratorsMississippi Supreme Court · 1902
- Simmons v. HolmesMississippi Supreme Court · 1873