Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 165) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... Clevenger v. Matthews--165 Ind. 689. person, but that theri is due from the defendants, as widow and heirs of said Claude Matthews, the sum of.$1,750, with interest from the date of payment, and that this action is brought against them for contribution to him of the amount of said note and interest for which said Claude Matthews and his estate were legally liable. Wherefore he prays judgment for $2,000, and that the same be declared a lien upon all property inherited by the defendants as aforesaid. Demurrers were sustained to the complaint, and, the plaintiff declining to amend, judgment was rendered against him for costs. The only question to be decided is this: Under the law of this State, can a nonresident paying surety enforce contribution against the heirs and distributees of a deceased cosurety after the lapse of two years from the final settlement of the latter's estate? A simple-contract creditor, whose debt remains unpaid after the final settlement of his deceased debtor's estate, has no right at common law to proceed against the heirs 1. and distributees of his debtor, even though they have received real estate and assets from the hands of the administrator as inheritances. Fisher v. Tuller (1890), 122 Ind. 31, 35; 14 Cyc. Law and Proa, 184; 8 Am. and Eng. Ency. Law (2d ed.), 1098. All the right, then, that an unpaid creditor of the ancestor has to pursue property in the hands of heirs is conferred by the following statute: "The heirs, devisees, and 2. distributees of a decedent shall be liable, to the extent of the property received by them from such decedent's estate, to any creditor whose claim remains unpaid, who, six months prior to such final settlement, was insane, an infant, or out of the State; but such suit must be brought within one y...