Stewart v. Forman
Mississippi Supreme Court
From the chancery court of Jefferson county. Hon. William P. S. Ventress, Chancellor. Mrs. Stewart and another, appellants, were complainants in the court below; the appellee, Forman, .was defendant there. From a decree sustaining defendant’s demurrer to the bill and dismissing the same, complainants appealed to the supreme court.
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From the chancery court of Jefferson county. Hon. William P. S. Ventress, Chancellor. Mrs. Stewart and another, appellants, were complainants in the court below; the appellee, Forman, .was defendant there. From a decree sustaining defendant’s demurrer to the bill and dismissing the same, complainants appealed to the supreme court. On December 24, 1892, the appellee, Forman, being indebted to Stewart Brothers & Company, a mercantile copartnership, in the sum of $3,000, executed his promissory note to their order for that amount, payable on December 24, 1893, and, to secure the debt evidenced…
1Opinion of the CourtWhitfield, C. J.
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…
2Cases cited2 opinions
- Hart v. BoytMississippi Supreme Court · 1877
- Heflin v. KinardMississippi Supreme Court · 1890
3Cited by2 opinions
- Dyer v. LoweMississippi Supreme Court · 1947
- Taylor v. De Soto Lumber Co.Mississippi Supreme Court · 1924