Warren v. Cleveland
Decision Date | 10 October 1903 |
Citation | 76 S.W. 910 |
Parties | WARREN v. CLEVELAND et al. |
Court | Tennessee Supreme Court |
Suit by J. C. Warren, as executor, etc., against M. N. Cleveland and others. From a decree of the Court of Chancery Appeals for defendants, plaintiff appeals. Affirmed.
Young & Young, for appellant. W. Morris Harrison and McCroskey & Peace, for appellees.
In the course of administration of the estate of D. H. Cleveland a controversy arose over the claim of Mrs. Hudson for about $1,200.
It was insisted by the executor that this claim was barred by the statute of limitations, and the chancellor found in favor of this contention.
After stating that the consideration of this claim was the boarding of Mrs. Hudson's younger sisters, and that the justice of the debt had been proven, the Court of Chancery Appeals found as follows:
Upon this finding of facts the Court of Chancery Appeals ruled the law as follows:
The point of the assignment is that a mere recognition of the debt is sufficient to take the case out of the operation of the statute.
We have been unable to find sufficient authority in our decisions to support this contention. The cases that come nearest to it are the following: Harwell v. McCullock, 2 Overt. 275, 278; Russel v. Gass, Mart. & Y. 271-274; Partee v. Badget, 4 Yerg. 174, 26 Am. Dec. 220; Hunter v. Starkes, 8 Humph. 656; Luna v. Edmiston, 5 Sneed, 160. All of these cases, except Hunter v. Starkes, state, in substance, that an unconditional acknowledgment of the indebtedness is sufficient to remove the bar of the statute. In the latter case (Hunter v. Starkes) it is held that an admission that the amount claimed by the contract has never been paid is as sufficient for the purpose as a direct promise to pay. This case is substantially an authority for the position assumed by counsel for Mrs. Hudson, and if it stood alone, or even if it stood only with the other cases just cited, we should be content to hold that a recognition of the debt within six years would be sufficient. But we have a long line of cases which hold that, in order to...
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