Brown v. Anderson
Massachusetts Supreme Judicial Court
Case upon four several promissory notes made to the plaintiffs by Edward Anderson, the defendant’s intestate. The defendant pleads in bar (protesting that she had not, at the commencement of this action, nor at any time before nor since, any goods or estate of the said Edward Anderson, deceased, in her hands), that, more than four years next before the commencement of this suit, namely, at, &c., on, &e., she was duly appointed administratrix of the goods and estate of the…
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Case upon four several promissory notes made to the plaintiffs by Edward Anderson, the defendant’s intestate. The defendant pleads in bar (protesting that she had not, at the commencement of this action, nor at any time before nor since, any goods or estate of the said Edward Anderson, deceased, in her hands), that, more than four years next before the commencement of this suit, namely, at, &c., on, &e., she was duly appointed administratrix of the goods and estate of the said Edward Anderson, and then and there accepted said trust; and afterwards, and within three months thereafter, namely,…
1Opinion of the Court
Curia.
The provision of the statute of 1791, upon which the defendant’s plea in bar is predicated, was intended for the benefit of the estates of deceased persons, and of those interested in them; and not for the personal convenience of the executors or administrators.
The general statute of limitations has always been considered as furnishing to debtors prima facie evidence of payment; and any counter evidence is admitted. An acknowledgment of the debt, therefore, by an executor or administrator, as well as by the original debtor, has been held to avoid that statute. But the statute we are now…
2Cited by32 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Willcox v. SmithNew York Supreme Court · 1858
- Dawes v. ShedMassachusetts Supreme Judicial Court · 1818
- Mulligan v. HiltonMassachusetts Supreme Judicial Court · 1940
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