Disney v. Healey

Citations

• 73 Kan. 326
• 85 P. 287
• 1906 Kan. LEXIS 254

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of Actions — New Promise — Tolling the Statute. The petition in this ease had letters attached which were alleged to have been written by Thomas J. Healey, one of the makers of the note, to the payee thereof. Held, that the letters were prima facie an acknowledgment of the debt, and tolled the statute of limitations as to their author.</p> <p>2. Contracts — Agreement by Grantee to Pay Grantor’s Debt— Liability. A grantee who accepts a deed of conveyance of land, and by a contract not set forth in the deed agrees to pay the grantor’s debt secured by a mortgage on the land, is liable on such contract in an action by the mortgagee, even if a recovery on the note secured by the mortgage would have been barred by the statute of limitations but for an acknowledgment of the indebtedness by the grantor which tolled the statute as to him, provided such acknowledgment was made before the conveyance.</p>