Spencer v. Wiley

The question arising in this case may be very shortly stated as follows: If, in a partition suit under Chap. 106, It. S., the court finds the sum due upon a mortgage theretofore given by one of the part owners, upon his undivided interest in the whole tract, and adjudges that it shall be charged wholly upon the part set off to the mortgagor or his successor in interest, is the running of the statute of limitations against the incumbrance interrupted, and a new cause of action created upon which that statute begins to run from the date of the partition decree or judgment %

The court below…