Dolberry v. Trice's

— This is an action of debt on a promissory note, instituted by Dolberry against Gray, as the executor of Trice, on the 26th day of March, 1866. The summons and complaint were served on the defendant on the 10th day of March, 1868, and on the 2d day of April, 1872, the defendant pleaded two pleas in answer to the complaint. The first alleged the death of Trice, and the insolvency of his estate, and the failure to present the claim and file it, under the insolvent law of this State, within nine months after the declaration of insolvency as required by the Code. The second plea alleged that,…