Adams v. Cameron

• Decision Date: 26 January 1892
• Citation: 10 So. 506,95 Ala. 344
• Parties: ADAMS v. CAMERON ET AL.
• Court: Alabama Supreme Court

10 So. 506

95 Ala. 344

ADAMS v. CAMERON ET AL.

Supreme Court of Alabama

January 26, 1892

Appeal from chancery court, Jackson county; THOMAS COBBS Chancellor.

Action by J. B. Adams, administrator, against Mary J. Cameron and others. Judgment for defendants. Plaintiff appeals. Affirmed.

On the final submission of the cause the chancellor rendered his decree dismissing the bill, holding that there was no trust relation; that the indebtedness was a simple contract debt and that the action was barred by the statute of limitations.

Wm. L. Martin, for appellant.

STONE C.J.

The object of this suit is to collect a bill single, or note under seal, executed September 23, 1861, by Daniel Cameron by which he promised to pay Martha Cameron $600, one day after date. In November, 1862, there was a payment made on the note of $148, which is not denied by either party. In 1884, Daniel Cameron died leaving property, real and personal,-the real estate being in excess of 160 acres, and worth, probably, more than $2,000; personal estate worth some $300. He died intestate, leaving a widow and several children. No administration was had on the estate, but the widow and children continued to use and occupy the homestead and effects. Daniel and Martha Cameron were brother and sister, and lived very near each other. The bill in the present case was filed September 15, 1886, by Martha Cameron. She has since died, and the suit is now in the name of her administrator. The widow and heirs at law-children-of Daniel Cameron are made defendants. The object of the bill is to enforce payment of the bill single out of the estate left by Daniel Cameron. Among other defenses, the statute of limitations of 10 years is pleaded, that being our statutory limitation on such cause of action. Code 1886, § 2614. To forestall the defense of 10 years' limitation, the bill charges that Daniel Cameron made payments on said sealed note during each of the years 1869 or 1870, 1875, 1876, 1877 1878, 1879, and 1883. These alleged payments were very small, never in excess of $2 in any one year, and sometimes as low as 25 cents. If, however, they were made as payments on the note, and, in each case, before the bar was complete, the statute is no bar to the recovery. Code, § 2628. The answers deny that any of these alleged payments were made, except the one in 1862, 24 years before this suit was commenced. The note is made an exhibit to the bill and purports to have two credits upon it,-one of $148, dated November, 1862; and the other of 25 cents, dated in March, 1883. A great deal of oral testimony was taken on each side. Some of it was illegal, and properly objected to on that account. In forming our conclusions we have disregarded all such testimony, but consider it unnecessary to specify it. We think the testimony fails to show that any of the small sums of money which Daniel Cameron let his s...