Eyeington v. Pardee

This is a motion for judgment dismissing the complaint, pursuant to subdivision 6 of rule 107 of the Rules of Civil Practice, on the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon.

The complaint alleges a cause of action upon a bond and mortgage secured by certain real property in this county. These instruments were made and sealed by the defendants *804Pardee on December 15, 1928, and the principal sum to be paid thereby became due on May 1, 1934, the last payment having been made on April 9, 1934.

This action was commenced…