58 So. 201 | Ala. | 1912
The bill in this case is filed by the appellee against the appellant, and this appeal is from the decree of the chancery court, overruling the demurrers to the bill.
The allegations of the bill are, in substance, that John A. Snodgrass died intestate April 4, 1880; that a final settlement of his estate was made by his administra
It is also alleged that soon after the death of said John Snodgrass said William E., John T., and Ann Snodgrass furnished money for the erection of a steam sawmill and gristmill on said lands, and said William E. and Nathaniel successively operated the same, using the proceeds individually and never accounting for the same.
The prayers of the bill are that said Eliza A. Snodgrass, as administratrix of the estate of Nathaniel H. Snodgrass, be required to account, that a reference
As a matter of public policy, and for the repose of society, it has long been the settled policy of this state, as of others, that antiquated demands will not be considered by the courts, and that, without regard to any statute of limitations, there must be a time beyond which human transactions will not be inquired into. It is settled that, after a period of 20 years, without any payment, settlement, or other recognition of liability, mortgages and liens will be presumed to have been paid, settlements will be presumed to have been made by administrators, trustees, agents, and other persons occupying fiduciary positions. It is necessary for the peace and security of society that there should be an end of litigation, and it is inequitable to allow those who have slept upon their rights for a period of 20 years, after they might- have demanded an accounting, and after, as is generally the case, the memory - of transactions has faded and parties and witnesses passed away, to demand an accounting, The consensus of opinion in the present day is that such presumption is conclusive, and the period of 20 years, without some distinct act in recognition of the trust, a complete bar; and, as said in an early case, “the presumption rests not only on the want of
'this court has applied this principle, even where the period of 20 years has not elapsed, but from other circumstances, such as the death of parties, etc., it is deemed inequitable to open up the transactions. — Rives v. Morris et al., 108 Ala. 527, 529, 18 South. 743 et seq.; Salmon, Adm’r, v. Wynn, Adm’r, 153 Ala. 538, 544, 45 South. 133, 15 Ann. Cas. 478 et seq.
These and others cases also hold that, where the facts appear upon the face of the bill, this defense may be presented by demurrer. The case of Whetstone, Pro Ami, v. Whetstone’s Ex’rs, 75 Ala. 495, cited by counsel for appellee, is not contrary to the foregoing cases. In that case the bill alleged that during all of the time the executor “acted in open recognition of his agency, and continually paid her necessary expenses of living,” and the court says that: ‘.‘It should be averred as a fact, and not left to implication, that Lewis M. Whetstone paid, and continued to pay, complainant’s accruing annual expenses.” — -Pages 501, 502. The facts in the case of Snodgrass v. Snodgrass, Infra, 58 South. 199, differ
. The. decree of the court is reversed, and a decree will be. here entered sustaining the causes of demurrer numbered 1, 2, 3, and 10, and remanding the cause.
. Reversed, rendered and remanded.