Foster, Son & Harlan v. Whitten

1. A suit upon a promissory note under seal, dated February 9, 1891, and due one day after date, was commenced July 30, 1915. The plaintiff alleged, that “while the note, the foundation of the suit, shows on its face to be barred by the statute of limitations, it in fact is not barred; that for a number of years following the signing of the note defendant resided out of the State of Georgia; that for twelve or thirteen years since said note was signed defendant has been incarcerated in the Georgia Penitentiary, being legally dead, and for the remainder of the time has been beyond the limits…