Rolfe v. Walker

The action is to foreclose a bond and mortgage made July 23,1926, due in eight years from said date, viz., July 23, 1934. The complaint alleges that the last payment of *368principal or interest was made in 1939, and that the first interest default occurred January 23,1940.

Noth withstanding that the bond and mortgage were under seal, this cause of action became barred six years after the interest default of January 23, 1940, viz., on January 23, 1946, pursuant to the provisions of section 47-a of the Civil Practice Act, enacted by chapter 499 of the Laws of 1938. The action was not commenced…