Tate v. Hawkins
Court of Appeals of Kentucky
Case 91 — LIMITATION APPEAL PROM ERECKINRIDGE CIRCUIT COURT. It is the settled rule that a partial payment on a note, made before the statute of limitation begins to run, is prima facie an acknowledgment that the balance remains unpaid, and suspends the running of the statute prior to the date of the payment.
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Case 91 — LIMITATION APPEAL PROM ERECKINRIDGE CIRCUIT COURT. It is the settled rule that a partial payment on a note, made before the statute of limitation begins to run, is prima facie an acknowledgment that the balance remains unpaid, and suspends the running of the statute prior to the date of the payment. (English v. Wathen, 9' Bush, 387; Hopkins v. Stout, 6 lb., 375.) There is no charge of combination between Hawkins and appellant, and no pretense that the note has been paid. Upon the pleadings appellant is entitled to have his lien enforced. Appellee distinctly relies upon the statute…
1Opinion of the Court
•JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
July 31, 1861, in consideration of a tract of land sold, but not conveyed to him until March 17, 1862, appellee, Hawkins, executed a promissory note to the vendor, Jennings, payable March 1, 1863, to secure the payment of which a lien was reserved in the deed.
March 15, 1864, Jennings’ executor, in writing thereon, assigned the note without recourse to appellant, the residue then agreed to be due having, as appears from a memorandum written at that time upon the note, and signed by Hawkins, been paid off for him by appellant.
On the same day…
2Cases cited2 opinions
- Hopkins v. StoutCourt of Appeals of Kentucky · 1869
- Frazer's Adm'rs v. FrazerCourt of Appeals of Kentucky · 1877
3Cited by20 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Clift v. WilliamsCourt of Appeals of Kentucky · 1899
- Stubblefield v. McAuliffWashington Supreme Court · 1898
- Ford v. Ford'sCourt of Appeals of Kentucky (pre-1976) · 1930
- McCracken County v. Mercantile Trust Co.Court of Appeals of Kentucky · 1886
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