Lay v. Clark's Adm'r
Supreme Court of Alabama
Appeal from the Probate Court of Sumter. IN the matter of the estate of David W. Clark, deceased, which was declared insolvent on the 2d June, 1856. On the 28th February, 1857, a claim was. filed against said estate by Ward P. Lay, consisting of a schedule, or inventory, of goods, wares and merchandise; accompanied by tbe affidavit of said Lay, to tlie effect, “that the foregoing is a correct inventory of the goods, amounting to §13,379 23, purchased by David W. Clark in his…
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Appeal from the Probate Court of Sumter. IN the matter of the estate of David W. Clark, deceased, which was declared insolvent on the 2d June, 1856. On the 28th February, 1857, a claim was. filed against said estate by Ward P. Lay, consisting of a schedule, or inventory, of goods, wares and merchandise; accompanied by tbe affidavit of said Lay, to tlie effect, “that the foregoing is a correct inventory of the goods, amounting to §13,379 23, purchased by David W. Clark in his lifetime from the firm of Lay & Clark, and due on the 1st January, 1855and the affidavit of one W. ~W. Bunnell, to the…
1Opinion of the CourtStone, J.
— Section 1847 of the Code provides, that claims filed against insolvent estates must be “verified by the oath of the claimant, or some other person who knows the correctness of the claim, and that the same is due; or the same is forever barred.” In Carhart, Brothers & Co. v. Clark’s Adm’r, at the present term, we held, that to avoid the bar, both the claim and the verification must be filed within the nine months. — See, also, Pickle v. Ezzell, 27 Ala. 623.
The word “verified,” as employed in this section, means proved. The affidavit of Mr. Lay shows a sale of merchandise, the agreed price,…
2Cases cited2 opinions
- Pickle's Adm'r v. EzzellSupreme Court of Alabama · 1855
- Havis v. TaylorSupreme Court of Alabama · 1848
3Cited by7 opinions
- Dennis v. Coker's Adm'rSupreme Court of Alabama · 1859
- Jordan v. Phillips & Crew Co.Supreme Court of Alabama · 1899
- Harrison v. ParmerSupreme Court of Alabama · 1884
- Mitchell v. Pitts & HenrySupreme Court of Alabama · 1878
- Norvill v. Williams' Adm'rSupreme Court of Alabama · 1860
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