Summers v. Wright

GARDNER, Justice.

Demurrer to so much of the bill that seeks a deficiency judgment was sustained upon the theory the debt was barred by the statute of limitations (Code 1923, § 8944), not on account of the maturity date of the notes, but by virtue •of the acceleration clause in the mortgage.

Upon this question there is sharp conflict in the general current of authorities. ’ Numerous cases are cited in the note to Perkins v. Swain, 34 A.L.R. 894, with appropriate comments on ' the theories supporting the divergent views. See, also, 19 R.C.L. p. 499; 8 Corpus Juris, p. 138.

Any consideration here…