McLellan v. . Hill

The testator was bound to pay a debt to the intestate at a future day, before which both parties died, and no administration was taken on McLellan's estate till many years after the debt became due. The plaintiff now brings his action within seven years after administration obtained. The defendant pleads the Act of 1715, ch. 48, sec. 9; the plaintiff replies, and the defendant demurs.

The plaintiff insists that the term, of seven years limited in the act should only run from the time that he obtained letters of administration; that before that time there was not creditor in existence, so that…