Walden v. Speigner
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy E. Box. This action was brought by Mrs. Emily P. Walden, the widow of George S. Walden, deceased, against J. H. Speigner, to recover the possession of a house and lot in Talladega; and was commenced in a justice’s court, on the 22d of April, 1887. The house and lot was the family residence of said George S. Walden at the time of his death, in 1885, and was mortgaged by him, in September, 1879, to L. E.…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy E. Box. This action was brought by Mrs. Emily P. Walden, the widow of George S. Walden, deceased, against J. H. Speigner, to recover the possession of a house and lot in Talladega; and was commenced in a justice’s court, on the 22d of April, 1887. The house and lot was the family residence of said George S. Walden at the time of his death, in 1885, and was mortgaged by him, in September, 1879, to L. E. Parsons, his wife joining with him in the conveyance. The mortgage was assigned by Parsons to M. W. Cruikshanks, and the…
1Opinion of the CourtStone, C. J.
It has longbeen settled in this State, that a claim against an estate which has been decreed insolvent, that is not filed within nine months after the decree of insolvency, is forever barred as a debt against the estate. Murdock v. Rousseau, 32 Ala. 611; Puryear v. Puryear, 34 Ala. 555; Watson v. Rose, 51 Ala. 292. A claim in suit pending against an estate, if revived and prosecuted to judgment, is excepted from the rule stated above. In such case, the fact of making the personal representative a party to the suit, is regarded as the equivalent of filing. — 3 Brick. Dig. 477, § 341.
The offer…
2Cases cited3 opinions
- Murdock v. Rousseau's AdministratorSupreme Court of Alabama · 1858
- Puryear v. Puryear's DistributeesSupreme Court of Alabama · 1859
- Watson v. Rose's ExecutorsSupreme Court of Alabama · 1874