Stewart v. Forman
Mississippi Supreme Court
Stewart v. Forman, 90 Miss. 85 (Miss. 1907)
43 So. 67
Whitfield
Stewart v. Forman
Opinion of the Court
delivered the opinion of the court. We think the recitals in the deed of December 11, 1902, quite sufficient to take the case out of the statute of limitations. It will be observed that the statute (§ 2757, Code 1892) uses the language in the alternative, “such acknowledgment or promise.” So far as the amount is concerned, that is a mere matter of calculation, made certain by the amount of the debt and the amount of the credit. The debt is distinctly identified. See Heflin v. Kinard, 67 Miss., 522, 7 South., 493, and Hart v. Boyt, 54 Miss. 547.
The decree is reversed, the demurrer overruled, and the cause remanded, with leave to answer within thirty days from filing of mandate in the court below.
Reference
- Full Case Name
- Theresa J. Stewart v. Richard H. Forman
- Cited By
- 2 cases
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- Published
- Syllabus
- Limitations. Acknowledgment of debt. Code 1892, § 2757. Code 1906, § 3118. A deed of conveyance which provides that in consideration thereof the grantee is to credit the grantor’s indebtedness to him with a certain sum and that such conveyance shall not impair the lien of a fully identified trust deed as a security for whatsoever balance the grantor owed is, under” Code 1892, § 2757, a sufficient acknowledgment, in writing, signed by the party chargeable thereby, to save the bar of the statute of limitations, in a proceeding to foreclose the trust deed, — the amount acknowledged to be due being readily ascertainable by applying. the credit on the indebtedness.