Luke

From the decree of the District Court of the United States for the District of Arizona dismissing its amended bill of complaint in equity appellant brings this appeal.

It appears from the amended bill of complaint that the appellant’s elaim for $6,342.-51 against the estate of W. T. Smith, deceased, based upon decedent’s written guaranty, was presented to the administrator with the will annexed of said estate within the time allowed for such presentment; that no action was taken thereon, either allowing or rejecting the same within ten days after presentment, and no action was filed on said claim within three months thereafter.

Sections 3987 and 3989 of the Eevised Code of Arizona 1928 provide as follows:

Appellee contends that under these sections of the Eevised Code of Arizona the claim of appellant is barred, and that the administrator has the positive duty of interposing the nonelaim statute as a defense to the tardy suit. Appellant, on the other hand, contends that “a court of equity has power to grant relief and toll the statute of limitations in cases where the claimant is not guilty of culpable negligence in failing to file or bring suit on his claim and where the due…