Ingram v. Harris

In February, 1938, E. E. Ingram, executor of the estate of D. W. Owen, deceased, instituted suit against J. C. Harris to recover the balance due on a sealed promise to pay a debt dated August 9, 1923, payable on demand. The defendant below filed a plea of the statute of limitations, alleging that the instrument sued on was barred by the ten-year limitation. The excutor then gave notice under the statute (Code, section 5812, as amended) of his intention to rely upon the debtor’s promise in writing, made April 16, 1930, to pay the instrument. The defendant filed another plea of the statute of…