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44 Ala. 351

Jones v. Lawson

Supreme Court of Alabama

Decided January 15, 1870

Supreme Court of Alabama · decided 1870-01-15

<p>[settlement oe insolvent estate in probate court, ]</p> <p>1. Statute of limitations ; for what length of time suspended. — The statute of limitations was suspended in this State from the 11th day of January, 1861, to the 21st day of September, 1865. (Re-affirming Coleman v. Holmes, at present term.)</p>

Decided 1870-01-15

B. E. SAEEOLD, J.

¶1In this case, the appellant filed for allowance in the probate court a promissory note against the insolvent estate of which the appellee was the administrator de bonis non. The note was due one day after date, and dated March 11th, 1862. It was filed November 23d, 1868. The sole error assigned is, that the court sustained the plea of the statute of limitations of sis years.

¶2The interval from the maturity of this note to the 21st of September, 1865, must be deducted from the time necessary to complete the bar of the statute. — Coleman v. Holmes, at present term. The court erred in sustaining the plea.

¶3The judgment is reversed, and the cause remanded.

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