Levensaler v. Batchelder

The trial court ruled that in view of the established facts set forth above, the rights of the defendant Batchelder under the forty-four year old mortgage here involved were not barred by the statute of limitations, (P. L., c. 329, ss. 1, 5) and this ruling raises the only question of law disclosed by the record. The fact relied upon by the defendant to sustain this ruling is that in 1922 the plaintiff’s testator inserted in the covenants of warranty contained in his deed to Annie D. Mullaley an exception which had reference to this mortgage.

The conventional statement of the rule in regard to…