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EB, INC. v. SMITH

No. 1999-CA-00228-COA.

757 So.2d 1017 (2000)

EB, INC. and E. Frank Goodman, Trustee Appellants, v. Roger D. SMITH, Appellee.

Court of Appeals of Mississippi.

February 29, 2000.

Attorney(s) appearing for the Case

E. Frank Goodman, Jackson, Attorney for Appellants.

Christopher Andrew Arledge, Crystal Springs, Attorney for Appellee.

BEFORE KING, P.J., DIAZ, AND IRVING, JJ.

DIAZ, J., for the Court:

¶ 1. EB, Inc. brought suit against Roger D. Smith to enforce a promissory note and deed of trust executed by Smith. The Hinds County Chancery Court found that the statute of limitations precluded EB's suit against Smith and dismissed the action with prejudice. On appeal, EB contends (1) the statute of limitations was tolled because Smith expressly acknowledged and promised to repay the indebtedness by continuing to make monthly payments...

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