White & Cochran v. Moore
Court of Appeals of Kentucky
Case 52 — PETITION EQUITY APPEAL EROM WHITLEY CIRCUIT COURT. 1. The payment of $200 was made on the execution which was issued on the 16th of February, 1890, and the execution which was issued on the 2d of February, 1894, was therefore not barred by limitation. (Kentucky Statutes, sec. 2514.) 1. The running of the statute was not suspended during the pendency of the equitable action.
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Case 52 — PETITION EQUITY APPEAL EROM WHITLEY CIRCUIT COURT. 1. The payment of $200 was made on the execution which was issued on the 16th of February, 1890, and the execution which was issued on the 2d of February, 1894, was therefore not barred by limitation. (Kentucky Statutes, sec. 2514.) 1. The running of the statute was not suspended during the pendency of the equitable action. (Cox’s Common Law Practice, chap. 5, p. 162; Civil Code, secs. 401 and 439; Lockhart v. Yeiser, 2 Bush, 231; McArthur v. Goddin, 12 Bush, 274.) 2. A promise to pay a judgment that is barred must be plain, direct…
1Opinion of the Court
CHIEF-JUSTICE LEWIS
delivered the opinion oe the court:
August 14, 1872, White & Cochran obtained a judgment against L. and M. A. Moore for $584.55, upon which, September 28, 1872, an execution was issued, and in due time returned with the official endorsement, “no property found.”
On and not until February 16, 1890, another was issued, which was returned with this official endorsement: “Received of M. A. Moore $200 on the within execution, and I return the within execution by consent of plaintiff April 20, 1891.”
And now this is an action in equity by M. A. Moore, one of the original defendants,…
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