Pendley v. Powers

Lumpkin, J. Pendley

had a promissory note against Harris,, deceased. On its face it appeared to be barred by the statute of limitations. Under a bill to wind up the administration, a receiver was appointed; and Pendley, who was one of the defendants, in his answer set up that he was entitled to a judgment and to share in the distribution. He sought to avoid the effect of the bar of the statute, by reason of certain acknowledgments which he claimed to exist from the receipts, entries, and a memorandum, which claim was set forth in his pleading. The auditor to whom the case was referred held…