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suggestions which destroy, 207, note 1.
see Warren v. Perry, 207, note 2.
see Cowley . Furnell, 207, note 2.
conditional made operative, how, 207, note.
of subsisting liability, 208, note 3.
see Blakeman v. Fonda, 208, note.

see Buffington v. Davis, 208, note.

of sense of shame that debt has not been paid, 211, note.
essential requisites of, 211-215 and notes.

rules relating to, 211 et seq.

illustrations, 211, note-215, note.

former rules, 212.

rules relating to, Weisner v. Stein, 215, note 1.

how established, 215, note.

Weisner v. Stein, 215, note.

bare, effect of, 215-218 and notes.

illustrations, 215, note 1, 219, note.

expressions of willingness to pay if debt is established, effect of, 215,


Paddock v. Colby, 216, note.

ground on which above case is sustainable, 216, note.

insertion of debt in schedule of insolvency, 217.

inserting debt in schedule of debts of testator in will, 218.

distinction between compulsory and voluntary, 217.

accompanied by express or implied refusal to pay, effect of, 206, 207,


instances, 206, note-207, note.

settling account and striking balance, 211, note 3.

giving note of third person as collateral security, effect of, 215, note.
rule in Louisiana as to proving, 215, note.

mortgage made to secure debt, but never delivered, effect of, 218.

written, not delivered, effect of, 219.

see Allen v. Collier, 218.

promise to settle not sufficient, 219 and notes.

failure to deny liability, effect of, 221-226.

expressions of regret at inability to pay, &c., effect of, 221.

see 223, 224, notes, 226, for instances in which acknowledgments have

been held sufficient or insufficient.

see Sanford v. Clark, 224, note.

in answer to bill in equity, 224, note.

in affidavit, for leave to plead the statute, former rule as to, 224, note;
present rule, id.

conditional, when insufficient, 225, note.

see Butterfield v. Jacobs, 225, note.

indefinite, 225, note.

see Lyme v. Miller, 225, note.

see Douglass v. Elkins, 225, note.

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see Mills v. Taber, 225, note.

offer to mortgage lands to secure debt, 226, note.

must be made by person competent to contract, 226,
see Hannum's Appeal, 226, note.

effect of, 227.

offer to pay in specific property, 227.

offer to compromise is not, 238.

offer to pay less than is due is not, 238, 239-240.

offer to give a certain article in payment, 239.

see Currier v. Lockwood, 238.

see Simonton v. Clark, 238.


distinction, whether made before or after statute has run, 239.
see Cornforth v. Smithard, 239.

see Godwin v. Culley, 239.

by and to whom must be made, 240–246.

former rule, 240-241, note 3, 242.

present rule, 240-246.

made to agent of creditor, what must be shown, 240, 243.

inures to benefit of creditor's assignee, 243.

made in paper not intended for the creditor, not sufficient, 243.

illustrations, 243–246.

inventory of assets of estate, embracing debt due from executor in,
effect of, 244.

entry by person on books of a creditor, of a debt due from himself, 213.

exception to the rule, 244-246.

see Duguid v. Scholfield, 245.

recital of debt in deeds, &c., 246.

offer to arbitrate, 246.

when must be made, 248.

distinction between, made before and after statute has run, 249.

action predicated on the old debt, 249.

see Irving v. Veitch, 249, note 8.

made on Sunday, effect of, 254.
effect of, on specialties, 441-446.

see Blair v. Ormond, 441, note 5.

see Jackson v. Pierce, 445.

as to, see 445, notes 2, 3.

by executor or administrator, effect of, 481-488.

when sufficient, 488.

or new promise by mortgagor, effect of upon mortgage, 557.

when rights of third persons have intervened claiming through him,

by mortgagee of mortgagor's rights, 564.

parol, by mortgagee as to rights of mortgagor, effect of, 567.

see Dexter v. Arnold, 567, note 1.

of owner's title breaks continuity of adverse possession, when, 690.
parol, when sufficient, 690.

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how and by what may be shown, 690, 691.
recognition of owner's title, effect of, 692.
by part payment, effect of, 271-309.



instances of sufficient, 193, note 1, 194, note 1, 195, note.

amount need not be known, 194, note.

see Colledge v. Horn, 194, note.

see Waller v. Lacey, 195, note.
essentials of, 195, note-198, note.
instances of, 201, note, 202-203, 204.

see Morrell v. Frith, 204.

see Mills v. Wildman, 205.

mortgage made to secure debt, but never delivered, is not, 218.

see Merriam v. Leonard, 218.

written acknowledgment of debt found among debtor's papers after his

death is not, 218.

see Allen v. Collier, 218.

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distinction between absolute and qualified, 264.

illustrations, 264.

must be definite, 265.

must be delivered to the creditor, 261.

amount need not be stated, 265.

may be shown by parol, 264.

direction in will to pay, 266.

debts due from corporations, who may make, 266.

entry of debt in schedule, deeds, &c., 267.

question of sufficiency of, for the court, 268.

must be signed by the debtor, 268.

must bind debtor personally, 269.
conditional, effect of, 270.


effect of, in equity, 161.

distinction between, and laches, 163.


lex loci controls, when, 32, note, 34, 35.

lex fori controls, when, 29-35.

of assumpsit embraced in Stat. James I., 50-54.

what, ex contractu, are within the statute, 50-78.

for debt revived by new promise are on the old debt, 173, note.

right of, revived by acknowledgment, predicated on old debt, 215, 216, note.

ACTIONS- continued.

see Weisner v. Stein, 215, note.

upon debt, revived by new promise or acknowledgment, must be upon
the old debt, 249.

when promise or acknowledgment is conditional, what must be stated,
249, 257.

pleadings in, 249, 257.



statute suspended until letters of, granted, 13, note 4.
illustrations of rule, 13, note 4.


right of action vested in, does not suspend statute as to heir, 13.
reason, 13.



State statutes of limitations do not apply to actions in, 77, 78.
stale demands not favored by, 78.


of claim, effect of, 206, note, 211, note.



doctrine of, virtually abolished by Stat. 3 & 4 Wm. IV. in England, 7.
when title by, has been acquired, cannot be impaired by subsequent
repeal of or change in law, 48.

title to lands of State cannot be acquired by, 111, note 4.

grant from State may be presumed, when, 110, note, 114.

equity bound by, 136, note, also note 1, 137, note 1.

possession of trustee, possession of cestui que trust, when, 136, note 1.
party claiming title acquires title by, although mistaken in his claim,
145, note.

see Cholmondeley v. Clinton, 145, note 2.

mortgagee in possession holds adversely to mortgagor, 551, 552, 553,

how it may cease to be so, 564.

title by, under statutes, 609-613.

period of occupancy required in the several States, 609-613.

species of title acquired by, 609, note 1.

when under color of title, fee passes, 609, note 1, 633–648.

what constitutes, under these statutes, 617-624.

cultivation and improvement relied on to establish, what must be
shown, 614.

occasionally taking wood and timber from a wood-lot, where there is no
color of title, does not evidence, 614.

using land for pasture occasionally not sufficient, 614.

must be intent to usurp dominion, and this intent must be effectuated,
618, 621, note 6, 623, 624.

entry need not be originally wrongful, 618, 624.


naked possession treated as in subservience to the legal title, 624-625.
claim and occupancy without color of title cannot be extended beyond
actual occupancy, 625.

mere verbal objections to the occupancy by the owner does not interrupt,
629, note.

must be actual entry or action to recover possession, 629, note.

statutory provisions as to, in some States, 613-617.

mode of occupancy prescribed by statute must be strictly pursued, 613–


enclosure, must be by substantial fence, 613, 614, 626.

fence must have been built by the occupant, 614.

illustrations, 614 et seq.

disseisin, what constitutes, when statute makes no provision relative to,
617-624, 628, note 2, 630

must be entry and possession hostile to owner, 617-633.

when possession commences by permission of the owner, how it may
become adverse, 617-621, 651, note 2.

distinction between disseisin in fact and by election, 618, 619.

must be entry or possession under claim of title, 621, 623 and notes.
naked possession not sufficient, 624.

color of title, entry or possession without effect of, 625-628.

species of occupancy required, 625–633.

must be an actual pedis possessio, 625–633.

qualities of, 625–633.

acts which constitute, 625-633.

of land bounded by river restricted to banks of, 625, note 1.

may acquire title to land lying under the water by actual user, 625,
note 1,

acts which are not possessory, 626–633.

see illustrating, 631, 632.

natural barriers, substitute for fence, when, 626.

entry under deed, and enclosing more land than the deed covers, effect

of, 626, note.

must be intention to claim title, 628, note.

question whether there has been a disseisin for the requisite period is
for the jury, 628-630.

question as to what constitutes, is for the court, 629.

what proof requisite to establish, 629, note-630, 633.

acts of ownership as distinguished from mere trespasses must be
shown, 630.

exercise of customary rights is not, 631, note 11, 632, 633.

notoriety of, must be established, 630

need not show that owner actually knew of the hostile claim, 630, note.

entry under color of title, effect of, 633-648.

what is color of title, 637-646.

may be by parol in certain cases, 639.

land must be definitely described in deed or writing, 636, 637.

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