Leith's Adm'r v. Carter's Adm'r

Citations

• 83 Va. 889
• 5 S.E. 584
• 1887 Va. LEXIS 134

Syllabus

<p>1. Personal Representatives—Statute of limitations.—Administrator may interpose bar of limitations by plea or answer, or by exceptions to report. Smith v. Pattie, 81 Va. 654.</p> <p>2. Idem—Case at bar.—L. owed Mrs. B., the legatee of her deceased husband, who was surety on bond of C. to D. Under ante-nuptial settlement, Mrs. B. and L. were married. L. paid off the bond, got decree against C.’s estate, collected part, and in 1873 died. She died in 1881. In 18S4, her administrator filed petition in pending suit, claiming that L. had paid bond with her separate funds, and to have refunded the part collected, and to be substituted to benefit of the part not collected. Evidence failed to prove the facts alleged. Administrator of L. set up bar of statute :</p> <p>Held :</p> <p>The claim was without merit, and, moreover, was barred.</p>