Smith v. Pattie

Citations

• 81 Va. 654
• 1886 Va. LEXIS 132

Syllabus

<p>Statute op Limitations—Bar'red claims—Administrator should plead—Creditor of heir may plead.—Where administrator is sole heir and distributee of his intestate, and there are judgments against . him individually which attached to the intestate’s estate as soon as it descended upon his said heir and distributee, and there are debts against the intestate which are barred by the statute of limitations, the administrator cannot revive those debts and repel the bar by any promise in writing or otherwise, but is bound to plead the statute against those debts; and if he refuses or fails so to do, it is the right of the judgment creditor, by reason of his interest in the fund, to interpose the plea.</p>