Fox v. Lawson
Supreme Court of Alabama
Appeal from the Probate Court of Perry. Tried before Hon. B. iS- Williams. This was a proceeding in the probate court of Perry county on the settlement and distribution of an insolvent estate, The appellant, Fox, preferred a claim against the estate of Osmond T. Jones, deceased.
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Appeal from the Probate Court of Perry. Tried before Hon. B. iS- Williams. This was a proceeding in the probate court of Perry county on the settlement and distribution of an insolvent estate, The appellant, Fox, preferred a claim against the estate of Osmond T. Jones, deceased. The claim consisted of a promissory note, in the following words: “ $540. On or before the first day of March next, I promise to pay unto N. J. Fox the sum of five hundred and forty dollars, with interest thereon from the first day of this month, for value received. March 25th, 1859. “Osmond T. Jones.” The estate of…
1Opinion of the Court
PETERS, J.,
(after stating facts as above.) — The first objection to the note was untenable. It was not barred by the statute of limitations. The note became due on the first day of March, 1860. In Coleman v. Holmes, decided at the present term, it has been settled that the time elapsing between the 11th day of January, 1861, and the 21st day of September, 1865, is to be deducted from the period necessary to constitute a bar. The statute of limitation in this case requires a lapse of six years, from the falling due of the note, before the bar is perfected. The period above mentioned being…
2Cases cited2 opinions
- Lay v. Clark's Adm'rSupreme Court of Alabama · 1858
- Norvill v. Williams' Adm'rSupreme Court of Alabama · 1860
3Cited by2 opinions
- Walker v. Wigginton's AdministratorSupreme Court of Alabama · 1874
- Kirksey v. FriendSupreme Court of Alabama · 1872