Floyd v. Clayton
Supreme Court of Alabama
Action on Promissory Note ; plea, statute of non-claim. Appeal from Barbour Circuit Court. Tried before James M. Bueord, Esq., an attorney of the court, sitting and presiding in the case by consent of tbe parties, the presiding judge of tbe court being tbe party defendant.
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Action on Promissory Note ; plea, statute of non-claim. Appeal from Barbour Circuit Court. Tried before James M. Bueord, Esq., an attorney of the court, sitting and presiding in the case by consent of tbe parties, the presiding judge of tbe court being tbe party defendant. Tliis suit was brought October 5, 1868, by Page Floyd against Henry D. Clayton, as executor of tbe will of Richard H. Eryer, deceased, and was founded on a promissory note made by said Eryer, and one Fenn (who was not sued in this action), on January 1,1858, for five hundred and forty dollars, and on which there had been…
1Opinion of the Court
BRICKELL, O. J.
— The presentation of a claim against the estate of a deceased person, to prevent the bar of the statute of non-claim, may be made in three different modes : 1. The presentment of the claim, or of an accurate description thereof, may be made to the executor or administrator in person. 2. Within eighteen months after the grant of administration, or after the accrual of the claim, a statement of the claim may be filed by the creditor or claimant in the office of the judge of probate, in which letters testamentary, or of administration, were granted. 3. The claim itself may,…
2Cases cited9 opinions
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Bibb v. MitchellSupreme Court of Alabama · 1877
- Hallet v. Branch Bank at MobileSupreme Court of Alabama · 1847
- Pipkin v. HewlettSupreme Court of Alabama · 1850
- Hunley's Exr'x v. ShufordSupreme Court of Alabama · 1847
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3Cited by27 opinions
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Borum v. BellSupreme Court of Alabama · 1902
- Clayton v. DinwoodeyUtah Supreme Court · 1908
- In Re Williamson's EstateSupreme Court of Florida · 1957
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