82 So. 21 | Ala. | 1919
This appeal is supported by the order citing appellant administrator to a final settlement. Howard v. Howard,
On the facts alleged in the petition appellant's administration of the estate in his keeping was ready for final settlement. Nor did appellant in his answer urge any material thing to the contrary. Of course the mortgage security held by Messrs. W. H. H. U. Sims on real property of the estate of intestate could not be affected by any settlement made in the probate court in advance of its due date, but, in order to preserve their debt as a charge against intestate's general estate, filing was necessary under the statute. Code, §§ 2590, 2593. The outstanding claim brought forward by appellant, was not verified as required (Brannan v. Sherry,
The court committed no error in sustaining the demurrer to appellant's answer to the citation.
Affirmed.
ANDERSON, C. J., and McCLELLAN and GARDNER, JJ., concur. *62