HILLSBOROUGH,

APRIL TERM, 1793.

#### Ferguson and Wife v. Taylor.

Plaintiff’s wife, while sole, lent to Defendant specie certificates, to be returned in three weeks, or at any time when requested. The Plaintiff did not bring suit until after the expiration of three years from the end of the three weeks: but Plaintiffs proved Taylor had acknowledged the receiving the certificates within three years before the action brought; and said he had not settfed for them, but would pay them to the administrator of Plaintiff’s first husband, one Leonard. Per Judge Macay, here is no acknowledgment of the debt, but only acknowledgment it was not paid — there must be an acknowledgment of the debt. The authorities cited, which are 3 Burr, 1097, and Bong. 653, went upon the acknow-*28lodgment of the debt, not of a fact which shews it to be unsatisfied : and the jury found accordingly.

Note. — Vide Bank of Newbern v. Sneed, 3 Hawks 500, in which the Counsel took an extended view of all the cases upon the subject, and the Court recognised the principle of those which require an acknowledgment of a present subsisting debt to take a case out oí the statute.