Gibson v. Simmons

The opinion of the court was delivered by

Porter, J.;

This suit was brought by Charles E. Gibson against J. S. Simmons for the foreclosure of a mortgage. The defense was the statute of limitations, and the only question involved is the construction to be placed upon the statute. The facts are agreed to, from which it appears that the mortgage was given by one Kuhn, July 1, 1887, upon land in Lane county. Soon after the mortgage was executed Kuhn conveyed the land to one Lord, who assumed the mortgage. The mortgage was due five years after date, and, unless the statute was tolled by Lord’s…