Strickland's Adm'r v. Walker
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tallapoosa. Tried, before tbe Hon. Bobert Dougherty. This action was -brought by William Towni^ as the administrator of the estate of Silas Strickland, deceased, against John.
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Appeal from tbe Circuit Court of Tallapoosa. Tried, before tbe Hon. Bobert Dougherty. This action was -brought by William Towni^ as the administrator of the estate of Silas Strickland, deceased, against John. Walker a,ud Joshua Strickland ; was founded on tbe defendants’ promissory note for $1,000, dated the goth December, 1843, and. payable one day after date, to said Towns, administrator, &c, 5 and was commenced on the 10th day of March, 1852. The defendant Strickland not being served with process, a discontinuance-was entered as to him j and the action was-revived, before the trial, in the…
1Opinion of the CourtStone, J.
The first charge given -and excepted to m this case, asserts that, to revive a debt barred by the statute of limitatioHSy the promise or acknowledgment must be proved by evidence that, is clear and explicit. We have duly weighed this language, in connection with the authorities, and feel constrained to pronounce it erroneous. The promise, or acknowledgment, must be clear and explicit. No doubtful, ambiguous, or indeterminate language will avail. It must be, in its terms,, unequivocal and determinate. If it be a promise, it .must be an .unequivocal promise ; if an…
2Cases cited11 opinions
- Evans v. CareySupreme Court of Alabama · 1856
- Ross v. RossSupreme Court of Alabama · 1852
- Moore v. LeseurSupreme Court of Alabama · 1851
- Barron v. VandvertSupreme Court of Alabama · 1848
- Jordan's Adm'r v. HubbardSupreme Court of Alabama · 1855
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3Cited by4 opinions
- Evans v. EnglishSupreme Court of Alabama · 1878
- May v. MathersSupreme Court of Alabama · 1937
- Harrison v. MasonSupreme Court of Alabama · 1939
- Harrison v. MasonAlabama Court of Appeals · 1939