Haythorn v. Cooper

Citations

• 65 Kan. 338
• 69 P. 333
• 1902 Kan. LEXIS 53

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>1. Limitation oe Action — Note and Mortgage — Insufficient Acknowledgment of Liability. A writing which mentions the fact that the writer had made a mortgage, and suggests to the holder ways in which he might escape loss by taking care of the property mortgaged, is not such “an acknowledgment of an existing liability, debt or claim” as will prevent the running, or remove the bar, of the statute of limitations on the note secured by such mortgage.</p> <p>2. -Requisites of Acknowledgment in Writing. While an acknowledgment, in order to be efficient for that purpose, need not be explicit and in exact words, it must amount to “ an unqualified and direct admission of a present subsisting debt on which the party is liable.”</p>