Glashoff v. Glashoff

Plaintiffs’ complaint to foreclose a note and mortgage dated January 5, 1929, and due five years after date, was filed May 16, 1940. Defendants’ demurrer, on the ground that the complaint on its face showed that the action was barred by subdivision 1, section 337 of the Code of Civil Procedure, was overruled. The defendants then answered plaintiffs’ complaint alleging that fact as a separate defense. At the conclusion of plaintiffs’ ease defendants’ motion for a nonsuit on the same grounds, was granted.

From the judgment plaintiffs appeal, raising the question: Was the action barred by…