Holberg v. E. S. Jaffray & Co.
Mississippi Supreme Court
Holberg v. E. S. Jaffray & Co., 65 Miss. 526 (Miss. 1888)
Campbell
Holberg v. E. S. Jaffray & Co.
Opinion of the Court
delivered the opinion of the Court.
The acknowledgment of the debt by the defendants in their answer in the suit in Chancery was not sufficient to prevent the bar of the statute of limitations.
“ It was an admission made entirely diverso intuitu,n Roscoe v. Hale, 7 Gray, 274, and that is decisive against it, while there may be other grounds of its insufficiency not necessary to be considered, since one is enough.
Reversed and remanded.
Reference
- Full Case Name
- L. N. Holberg v. E. S. Jaffray & Co.
- Status
- Published
- Syllabus
- Limitation of Actions. Acknowledgment of debt. Admission diverso intuitu. The admission of the debtor, in his answer to a creditors’ bill filed to have certain confessed judgments set aside as fraudulent, that he is indebted to the complainants as stated in their bill, cannot be used, in an action of .assumpsit subsequently instituted, as an acknowledgment, preventing the bar of the statute of limitations, because of having been made diverso intuitu.