Taylor's Adm'rs v. Witman's Adm'rs

The opinion of the court was delivered

by Strong, J.

This is not the case of a note payable on demand, where the statute begins to run from the date of the note or promise, and where no other demand is necessary than such as is involved in the bringing of the action. There never was any right of action, until a proper release was procured for the share of William Witman in the property sold to Taylor. There was no promise to pay before such a release was procured, nor, indeed, was there any debt, for the conveyance of the land was the consideration out of which grew the indebtedness and the…