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BRYAN v. BRYAN

No. 48344.

323 So.2d 84 (1975)

James Rex BRYAN v. Baremore BRYAN, Jr.

Supreme Court of Mississippi.

Rehearing Denied December 22, 1975.

Attorney(s) appearing for the Case

Cunningham & Smith, John A. Ferrell, Booneville, for appellant.

Darden & Sumners, New Albany, for appellee.

Before GILLESPIE, SMITH and ROBERTSON, JJ.

ROBERTSON, Justice.

A bill of complaint was filed by James Rex Bryan against his brother, Baremore Bryan, Jr. in the Chancery Court of Union County, Mississippi. In his answer, Baremore asserted several affirmative defenses, one of which was the three-year statute of limitations against actions "on any unwritten contract, express or implied." [Miss. Code Ann. § 15-1-29 (1972)].

After a separate preliminary hearing...

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