Hogaboom v. Flower

The opinion of the court was delivered by

Greene, J.:

This action was brought by Henry O. Flower to quiet his title to lots 23 and 25 on West street, Thurston Place addition to the city of Topeka. Mary Hogaboom, one of the defendants, by way of cross-petition pleaded a mortgage executed by Halleck Hill and wife on the real estate, and asked that it be declared a lien thereon and foreclosed. This answer disclosed that more than five years had elapsed from the maturity of the note and the filing of the cross-petition. To avoid the bar of the statute of limitations, it was alleged that by a…