Continental Bank & Trust Co. v. Tanager Construction Corp.

I dissent with respect to the interest falling due from January 1, 1933, to July 1, 1940, which is barred by the Statute of Limitations (Civ. Prac. Act, § 47-a) and vote for a declaratory judgment entitling defendant to a satisfaction of the mortgage without payment of the disputed unpaid interest between those dates.

The continuance of a mortgage of record as a cloud upon title, after it can no longer be foreclosed, imparts to it an enforeibility which the Statute of Limitations was designed to take away. Such a method of enforcement is not a remedy recognized by law, but is made possible…