Bryan v. Bryan

ROBERTSON, Justice.

A bill of complaint was filed by James Rex Bryan against his brother, Baremore Bryan, Jr. in the Chancery Court of Union County, Mississippi. In his answer, Bare-more asserted several affirmative defenses, one of which was the three-year statute of limitations against actions “on any/unwrit*85ten contract, express or implied.” [Miss. Code Ann. § 15-1-29 (1972)].

After a separate preliminary hearing, the Chancellor sustained this affirmative defense. Complainant appeals.

In his bill of complaint filed June 15, 1973, complainant averred that defendant:

“[E]ntered into an oral…