Burnham v. Burnham

The sole issue on appeal is whether a divorce decree's award to a wife of certain real property "together with the residence situated thereon as well as any obligation owing against said property" constitutes an "acknowledgment" or creates a new promise to pay, thus removing the bar of the statute of limitations to enforcement of the original promise. We hold the language creates neither an acknowledgment nor a sufficient promise to pay and affirm the trial court's order dismissing plaintiffs' action.

On August 15, 1968, Stanton Burnham and his wife, Norma, executed a demand promissory note…