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· 3/15/1907

Stewart v. Forman

Citations

  • 90 Miss. 85
  • 43 So. 67

Syllabus

<p>Limitations. Acknowledgment of debt. Code 1892, § 2757. Code 1906, § 3118.</p> <p>A deed of conveyance which provides that in consideration thereof the grantee is to credit the grantor’s indebtedness to him with a certain sum and that such conveyance shall not impair the lien of a fully identified trust deed as a security for whatsoever balance the grantor owed is, under” Code 1892, § 2757, a sufficient acknowledgment, in writing, signed by the party chargeable thereby, to save the bar of the statute of limitations, in a proceeding to foreclose the trust deed, — the amount acknowledged to be due being readily ascertainable by applying. the credit on the indebtedness.</p>

Judges: Whitfield

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