Citation Numbers: 39 Tenn. 603
Judges: Caruthers
Filed Date: 4/15/1859
Status: Precedential
Modified Date: 7/30/2022
delivered the opinion of the Court.
The plaintiff had an account against his father, the intestate of defendant, for $82, which he presented to the latter, as administrator, for payment. One-half of it was paid, and a promise made by the administrator to credit a note due the estate for so much of the balance as might be just — not admitting it all to be so. More than two years were permitted to elapse, before
In the construction of this statute it has been held by this Court, that the delay agreed upon at the request of the administrator, to avoid the bar, must be for a definite time, and such is the express language of the Code, 2280, or to an event which may occur, and thereby render the period certain. 11 Hum., 515; 1 Sneed, 470. In this case, nothing of the kind appears. The proof shows nothing like a request for delay for any time, or until any event; but establishes a settlement of the claim by _ the payment of one-half, and a discharge of the other, so far as it might be just, by a credit on an adverse claim. Whether, in fact, the credit was entered upon the' note due the estate, or what was the amount of that note, if it existed, does not appear, nor is it material in the aspect in which the questions are presented.
It was the folly of the plaintiff not to have attended to that, and sued in the prescribed time for the balance of his claim, if justice was not done to him in that matter by the administrator. But all that, let it he as it may, has nothing to do with the questions of law presented in the case. The fact is admitted that the claim was not asserted by suit within the two years from the qualification of the administrator, and the only inquiry is, was this delay excused, and the bar saved,