Moulton v. Williams
Idaho Supreme Court
APPEAL from District Court, Blaine County. It was conceded that this deed passed the title of Anderson to the premises, and the only questions are whether the unacknowledged and unrecorded indorsements on the note and mortgage are effective to prevent the bar of the statute of limitations as against a subsequent intervening bona fide purchaser without actual notice, and also whether the said in-dorsements extended the note for five years and four months or only for five…
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APPEAL from District Court, Blaine County. It was conceded that this deed passed the title of Anderson to the premises, and the only questions are whether the unacknowledged and unrecorded indorsements on the note and mortgage are effective to prevent the bar of the statute of limitations as against a subsequent intervening bona fide purchaser without actual notice, and also whether the said in-dorsements extended the note for five years and four months or only for five years. (Eev. Stats., secs. 2990, 3001, 3002, 3004, 3357, 3377; Chamberlain v. Bell, 7 Cal. 293, 68 Am. Dee. 260.) A mere…
1Opinion of the CourtQuarles, J.
(After Stating the Facts.) — The indorsement upon the note and mortgage in controversy, while called a “renewal,” is merely an acknowledgment or new promise to pay the debt, and therefore evidence of a waiver of the bar of the statutes of limitation. The plea of the statute is a personal one, and therefore may be waived, either in an action commenced, where failure to plead it waives it, or it may be waived by the debtor by writing, under the provisions of section 4078 of the Revised Statutes, which is as follows: “No acknowledgment or promise is sufficient evidence of a new or continuing…
2Cases cited3 opinions
- Kelly v. LeachmanIdaho Supreme Court · 1893
- Law v. SpenceIdaho Supreme Court · 1897
- Willows v. RosenstienIdaho Supreme Court · 1897
3Cited by9 opinions
- Humphrey v. StephensSupreme Court of North Carolina · 1926
- McLeod v. RogersIdaho Supreme Court · 1916
- Joseph v. DarrarIdaho Supreme Court · 1970
- Rogers v. Oregon-Washington Railroad & Navigation Co.Idaho Supreme Court · 1916
- Dighton v. First Exchange National BankIdaho Supreme Court · 1920
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