Griffith v. Humble

MABRY, Justice.

Appellant challenges the action of,the trial court in sustaining appellee’s demurrer to his complaint in foreclosure of a real estate mortgage.^ The court sustained the demurrer upon the ground that the statute of limitations had run against such action. The trial court appraised the pertinent statute upon which appellees rely (§ 83-101, 103 N.M.Comp.Laws 1929) as applying to the mortgage, upon the theory that it was a “contract in writing.” The statute in question reads:

83-101. Limitations of Actions. “The following suits or actions may be brought within the time hereinafter…