Bibb v. Mitchell
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. Littleberry Strange. Tbis was an action brought by John W. Mitchell, as administrator with the will annexed of one Jas.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. Littleberry Strange. Tbis was an action brought by John W. Mitchell, as administrator with the will annexed of one Jas. S. Mitchell, deceased, against Jefferson Ealkner and Benjamin S. Bibb, executors of one William B. S. Gilmer, deceased, for $4,080, due by two promissory notes made by their testator, together with M. H. .Mitchell and Eobert Mitchell, on the 3d of January, 1859, one for $2,167.50, due twelve months after date, and the other for $1,912.50, due two years after date. The defendants pleaded, 1. “ That the notes…
1Opinion of the Court
BBXOKELL, 0. J.
1. A presentment of a claim to save the bar of the statute of non-claim, may be made to the executor or administrator, or it may be by filing the claim, or a statement thereof, in the office of the judge of probate granting administration. — Code of 1876, § 2599. It is not necessary whether the one mode or the other of presentment is pursued to present the identical claim. If it is a claim the evidence of which is in writing, as a bill, note, or bond, it is sufficient to state its description with such accuracy, that the executor or administrator will be informed of its…
2Cases cited2 opinions
- Hallet v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Griel v. Marks, Fitzpatrick & Co.Supreme Court of Alabama · 1874
3Cited by12 opinions
- Floyd v. ClaytonSupreme Court of Alabama · 1880
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Roberts v. GraysonSupreme Court of Alabama · 1937
- Kirman v. PowningNevada Supreme Court · 1900
- Burns v. BurnsSupreme Court of Alabama · 1933
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