Hart v. Boyt
Mississippi Supreme Court
Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. contended that the writing put upon the mortgage by Ellis and Mary Boyt was a sufficient promise to take the note out of the operation of the Statute of Limitations; citing Lamar v. Mauro, 10 Gill & Johns. 50; Hale v. Hale, 4 Humph. 183; Thompson v. French, 10 Yerg. 452; Rodrigue v. Fronty, 2 Brer.
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Appeal from the Chancery Court of Lincoln County. Hon. Thomas Y. Berry, Chancellor. contended that the writing put upon the mortgage by Ellis and Mary Boyt was a sufficient promise to take the note out of the operation of the Statute of Limitations; citing Lamar v. Mauro, 10 Gill & Johns. 50; Hale v. Hale, 4 Humph. 183; Thompson v. French, 10 Yerg. 452; Rodrigue v. Fronty, 2 Brer. (S. C.) 31; Haddock v. (Jolly, 18 Yt. 485; Chitty on Contracts (11th ed.), 1246. The writing on the mortgage was not a sufficient promise to take the note out of the operation of the statute. Davidson v. Morris, 5…
1Opinion of the CourtChalmers, J.
A note secured by mortgage was about to become barred by the Statute of Limitations. The note and mortgage .having been presented to the makers for payment or renewal, they wrote at the foot of the mortgage these words: —
“We, the undersigned, do hereby agree and promise to renew the note for which the foregoing mortgage is given, and to give a new mortgage, whenever the exact amount due upon said note is ascertained.
“ Ellis Boyt. [Seal.]
“ MaRy Boyt.” [Seal.]
A statement showing the amount due on the note was after-wards presented to the parties, with a request that they would carry out this…
2Cases cited2 opinions
- Mask v. PhillerMississippi Supreme Court · 1856
- Groton Bridge & Manufacturing Co. v. Alabama & Vicksburg Railway Co.Mississippi Supreme Court · 1902
3Cited by8 opinions
- Trustees of Canton Female Academy v. GilmanMississippi Supreme Court · 1877
- Eckford v. EvansMississippi Supreme Court · 1878
- Bowmar v. PeineMississippi Supreme Court · 1886
- Taylor v. De Soto Lumber Co.Mississippi Supreme Court · 1924
- Dyer v. LoweMississippi Supreme Court · 1947
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