Hughston v. Nail

Citations

• 73 Miss. 284

Syllabus

<p>Limitation of Actions. Death before bare complete. Code 1880, l 3683.</p> <p>Where suit was not brougiit until 1893 on certain promissory notes that were made in 1879, and fell due, respectively, on November 1, 1880, and November 1, 1881, the right of action was barred by limitation, notwithstanding the facts that the maker died on March 4, 1885, and there had been no administration of his estate; for, although the maker died before the expiration of the time limited for suit on the notes, the case is governed by $ 3683 of the code of 1880, which, in that event, allows suit to be brought within one year from the death of the party liable, and not within one year from the date of letters testamentary or of administration on his estate, as does g 3163 of the code of 1871. Weir v. Monahan, 67 Miss., 434, cited.</p>