Clark v. Eaton

Citations

• 109 Kan. 574
• 201 P. 71
• 1921 Kan. LEXIS 323

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Claim Against Estate — Limitation of Action — Credits. The evidence tended to show a credit on the claimant’s account which kept the three-year, statute of limitation from running.</p> <p>2. Same — Want of Diligence in Presenting Claim — Limitation of Action. The claimant waited more than two years and fifty days from the death of the decedent to procure the appointment of an administrator to whom his claim could be presented, and therefore, following Hoover v. Hoover’s Estate, 104 Kan. 635, 180 Pac. 275, and cases cited, it is held he is thereby precluded from recovering, under section 4565 of the General Statutes of 1915.</p>