Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-05-12

r. A. Stone AID others Nancy Sanders others
This bill was fled by ten Of tae creditors Of B.
II. Sanders, deceased, to subject to their debts,
amounting about $780, certain slaves in the hands
Of defendants, as distributes of the deceased The
bill states, that b II Sanders died in Stewart
county and Wm. C. Rutland administered or his
estate IL March, 1885, and in September Of the same
year suggested the insolvency of the estate and in
May, 1885, made his inventory, and settled with
the Clerk of the County Court, showing the amount
of the assets for distribution TO be Oily SOS 3D.
The eompaiuauts filed their claims, which yet re.
main unpaid there being assets except the sm al
amo int above reported. The bill further charges
there we're mo assets TO pay them, until re-
eovery was had of certain slaves Of said Z H. San
ders, By w. Sanders, by his next friend Sykes
against Mary Bingham, Thos. H. Sanders and
Nancy Sanders. Your orators slow that said ne
gToes 50 recovered were, By order Of your Honor,
sod in order to a division among the distributes
of 3. II. Sanders, 20 Wit, W. F. Sanders, ThOs II
Sanders, aud Nancy Sanders the widow, on the 2O:h
June last, for the sum Of $4,000, to John Bailey
on a credit till lst of April, 1851" This bill was
filed 10Th Oct, 1885,, the money still being unpaid
pisying that an amount sufficient to pay their debts
be retained in the hands Of the clerk and MASTER
and so applied on final decree.
This bill was dismissed on demurrer upon the
grounds that complsinants were barrel by the sta
tute Of limitations Of lIl5, Oh. 48, Sec. 8 Car &
Mic. y. That section is, "The creditors Of shy
person deceased shall make their claim within sersn
years after the death of such btor otherwise such
creditor shall be forever barred"
This section is in force and protects heirs as we'll
ga administrators and executors. Hay. 1, %,
224. Martin s Yerg. 25S. Yer 224 These de-
cisi0ns have been constantly adhered to- and there
are no exceptions or savings in this act.
The time Of delay ia shown by the bill to be from
March, 1913, to October, 18j1-at least nine years
and six months from the administration There is
excePtionin favor of q claim fled under the in
solvent acts, an if that could be regarded as SUCH
it could not apply to any case, other than assets
subsequently acquired by the administrator. But
this is shown by the bill 10 be case where the
heirs, one Of them recovered these negroes, and
it does not appear that they claimed as assets
by the administrator, nor that it was his duty to
reduce them to possession such. But if this did
appear, it would not change the case as these ere
di Ors, well tho administrator could have sued
for them, and had the appropriation made to their
claims. The title 10 slaves as have several times
held passes to the distributes subject only to the
payment Of debts, and the personal representative
can only claim them for that purpose. l Sneed,
3G5. These slaves. then, not being liable for debts
after seven years from the death of intestaie, are
projected in the hands Of the distributes, well
against the creditors the administrator. Though
the debts may be jus they are by the delay and
negligence OF the creditors and the defendants have
an unencumbered title to them.
The decree will be affirmed. CARUTHERs.
correct copy, J. P. CLARK, Clerk.