Peevey v. Farmers & Merchants National Bank
Supreme Court of Alabama
Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Tlie Fanners & Merchants National Bank, having two notes signed by L. M. Peevey, presented them, without verification, to the administratrix of his estate on July 6th, 1898, and after the estate was declared insolvent filed them, duly verified, in the office of the probate judge.
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Appeal from Madison Circuit Court. Tried before Hon. H. C. Speake. Tlie Fanners & Merchants National Bank, having two notes signed by L. M. Peevey, presented them, without verification, to the administratrix of his estate on July 6th, 1898, and after the estate was declared insolvent filed them, duly verified, in the office of the probate judge. The administratrix of the insolvent estate filed objections to the claims on the ground that ¡they were barred by the statute of non-claim, in that they were not properly verified when presented to the adminis-tratrix prior to the declaration of…
1Opinion of the CourtMcCLELLAN, C. J.
— As sections 131 and 132 of the Code refer only to certain exceptions to the section next preceding which exceptions are not involved in this case, those sections cut no figure on the present appeal. Leaving them out of Anew, the proper construction of section 133 may be facilitated by copying here sections 130 and 133, the latter folloAving the former as if they were not separated by sections 131 and 132: (130) “All claims against the estate of a decedent, other than the claims referred to in the preceding section, must be pre*84sented "within twelve months after the same have accrued, or…
2Cited by6 opinions
- Brannan v. SherrySupreme Court of Alabama · 1916
- Kennedy v. LykeSupreme Court of Alabama · 1917
- N. L. Carpenter & Co. v. NaftelSupreme Court of Alabama · 1919
- Rosser v. SandersSupreme Court of Alabama · 1929
- Nicholas v. SandsSupreme Court of Alabama · 1902
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