Smith v. Fellows
Supreme Court of Alabama
Appeal from tbe City Court of Selma. Tried before tbe Hon. JONATHAN Haralson. Tbis action was brought at tbe fall term, 1875, of tbe Cir-euit Court of Dallas county, and on tlie 9tb of June, 1876, was, by written consent of all parties, transferred to the City Court of Selma, where trial was had. The action was against Wm.
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Appeal from tbe City Court of Selma. Tried before tbe Hon. JONATHAN Haralson. Tbis action was brought at tbe fall term, 1875, of tbe Cir-euit Court of Dallas county, and on tlie 9tb of June, 1876, was, by written consent of all parties, transferred to the City Court of Selma, where trial was had. The action was against Wm. H. Fellows, as administrator of the estate of one Dent Lamar, deceased, “for three thousand dollars, due from the said intestate’s estate, to the plaintiff (Mary E. Smith), by account on the — day of July, 1856, for so much money by the said Dent Lamar, then living and…
1Opinion of the CourtStone, J.
“All claims against the estate of a deceased person must be presented within eighteen months after the same have accrued, or within eighteen months after the grant of letters testamentary or of administration; and if not presented within that time, are forever barred. — Code of 1876, § 2597.
The provisions of the preceding section do not apply to minors, or persons of unsound mind, who are allowed eighteen months after the removal of their respective disabilities, or to heirs or legatees claiming as such.” — lb. § 2598. The provisions of the preceding sections, with some modification not…
2Cases cited14 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Pharis v. LeachmanSupreme Court of Alabama · 1852
- Vincent v. RogersSupreme Court of Alabama · 1857
- Jones' Executors v. LightfootSupreme Court of Alabama · 1846
- Hemingway v. GarthSupreme Court of Alabama · 1874
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3Cited by23 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- First Nat. Bank of Birmingham v. LoveSupreme Court of Alabama · 1936
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Moore v. StephensSupreme Court of Alabama · 1956
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