Sledge v. Jacobs
Sledge v. Jacobs
Opinion of the Court
delivered the opinion of the court.
The lien is enforceable if the right of action on the bond is not barred.
It is not barred, first, because the time of the absence from and residence out of this State by the obligors since the cause of action accrued is not to be taken as any part of the time limited for the commencement of an action on it (Code 1871, sect. 2157) ; and, secondly, because, both of said obligors having died before the expiration of the time limited for an action on the bond to be brought, an action might be brought on it at any time within one year after the date of letters testamentary or of administration granted to an executor or administrator of such decedent, and such letters have not yet been granted. Code 1871, sect. 2162.
Decree affirmed, and leave to answer the bill within thirty days after this judgment shall have been certified to the court below.
Reference
- Full Case Name
- Reuben M. Sledge v. T. P. Jacobs, Administrator
- Status
- Published
- Syllabus
- 1. Vendob’s Lien. Commissioner’s deed. Bond for purchase-money. Chancery practice. In a suit to enforce the lien specialty reserved in a commissioner’s deed to land sold under a decree in chancery, it is not a valid objection that the purchaser had given a bond for the purchase-money, under the Code of 1857, upon which default had been made, which entitled the oblig'ees to an execution thereon as upon a judgment at law, and that no execution had been issued. 2. Limitation or Actions. Absence and non-residence of debtor. Effect thereof. Where the obligor in a bond for the payment of money moves out of this State after a cause of action thereon has accrued here, the time of his absence and residence out of this State is not to be taken as any part of the time limited for the commencement of an action on the bond. Code 1871, sect. 2157. 3. Same. Death of debtor. Effect thereof. If the obligor in a bond for the payment of money die before the expiration of the time limited for an action to be brought thereon, it may be commenced at any time within one year after the issuance of letters testamentary or of administration on the estate of the deceased obligor. Code 1871, sect. 2162.