Hiatt v. Hough

Suit upon a note. Answer, the statute of limitations of twenty years.

Reply, that Green, the maker of the note, died within twenty years after the making of the note.

Demurrer to the reply, as not being sufficient in law, &c. Demurrer sustained, exception taken, and judgment for the defendant.

The correctness of the decision depends upon the construction of the statute of limitations.

That statute makes twenty years a bar to an action on a note. 2 R. S. p. 76. This is the general rule. Section 217, p. 77, of the same statute enacts this exception:

“ If any person entitled to bring, or liable to…