Colby v. King

This is an action to recover or have allowed a claim against an estate. The defendant pleaded that it had not been filed and proved within twelve months of giving notice of the appointment of the administrator, as provided in section 2421 of the Code. The plaintiff claims that there are peculiar circumstances which prevented or excused him from proving the claim within that time, and therefore he is entitled to equitable relief. Code, § 2421. The claim consists of a promissory note executed by the deceased, secured by a chattel mortgage. The evidence tends to show that the plaintiff permitted…