Carklin v. Grigsby

ALEXANDER, District Judge.

This is a suit for the foreclosure of a real estate mortgage in defense to which the defendant Flower has plead the six-year Statute of Limitations. The questions before the court for determination are, 1: Is the mortgage in question a sealed instrument; and 2d: Does the six-year Statute or the ten-year Statute of Limitations apply thereto.

The facts in this case are briefly, as follows: On October 28, 1927, George B. Grigsby executed his promissory note, secured by a real estate mortgage, on certain real property then owned by him, to John Carklin, which mortgage was…