U.S. v. Summerlin
| Decision Date | 10 November 1939 |
| Parties | UNITED STATES v. SUMMERLIN. |
| Court | Florida Supreme Court |
Proceeding by the United States of America against Arlene Summerlin, as ancillary administratrix of the estate of J. F. Andrew deceased, for an order declaring plaintiff's claim founded on a note to be superior to all other claims as a debt due the United States. From a decree of the circuit court approving an order of the county court denying the petition, plaintiff appeals.
Affirmed. Appeal from Circuit Court, Polk County; W. J Barker, Judge.
Herbert S. Phillips and Joseph E. Gillen, both of Tampa, for appellant.
A Summerlin, of Winter Haven, for appellee.
This case arises from these facts: In March, 1935, as provided by the National Housing Act, 48 Stat. 1246, J. F. Andrew executed his promissory note for $839.86 in favor of W. B Craig, payable in thirty-six equal monthly installments. The note was transferred to Johns-Manville Credit Corporation. The maker defaulted in his payments and Johns-Manville Credit Corporation made demand on the Federal Housing Administrator for the sum of $529.19, said amount being the balance due on the note. It was paid by draft on the Treasurer of the United States and the latter became the owner of the note. Andrew died and appellee was named ancillary administratrix of his estate in Polk County.
August 13, 1937, the ancillary administratrix gave notice to creditors to file proof of their claims against Andrew's estate within eight months, as required by law. On July 1, 1938, eleven months after the notice, the United States filed proof of its claim in the County Court and petitioned the judge for an order declaring it to be superior to all other claims as a debt due the United States as provided by Sections 191 and 192, 31 U.S.C.A. The petition was denied because the claim was not filed within eight months from the time the notice to creditors was given. This order was on appeal approved by the Circuit Court. The decree of the Circuit is here for review.
The question to be answered is whether or not claims held by the United States against the estates of decedents in this State must be filed in eight months from date of notice thereof as required by Section 5541(92), Compiled General Laws Supp., the pertinent part of which is as follows:
This is not a statute of limitations...
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United States v. Summerlin
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Smith's Estate, In re, 2165
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