
    RODNEY v. CUMMINS.
    Supreme Court. Kent.
    October, 1797.
    
      Bayard’s Notebook, 210.
    
    
      
      Fisher and Bayard for plaintiff. Bidgely for defendant.
   In order to take the case out of the Act of Limitations, one David Smith was examined as a witness for plaintiff, who said he had some talk the other day with the defendant, who asked him if he forewarned the Sheriff from taking the com and talked to him about Guy’s taking the com and said it grew upon Hart-field.

This evidence the Court held a sufficient acknowledgment of the cause of action to take the case out of the Act of Limitations.  