Brown v. Devine

The question presented by this record is, whether the grantee of a mortgagor can set up the statute of limitations of 1839 in bar of a bill to foreclose.

It is not denied that it is a well settled rule, in other tribunals, that the possession of the mortgagor, or his grantee, is not adverse to the holder of the mortgage, and therefore the statute of limitations does not run. It is contended, however, that a different rule must be applied here, on the authority of cases already decided by this court. The only case Avhioh can lend any color to this position is that of Cook v. Norton, which was…