Savage v. Scott
Supreme Court of Iowa
Appeal from Washington District Court. • Action to foreclosé a mortgage. The plaintiff claims to recover, in addition to the amount due on the promissory note which is secured by the mortgage, the sum of $56.20 paid by him for taxes levied upon the real estate covered by the incumbrance. The petition shows that the mortgagor was, at the time of the execution of the mortgage, a non-resident of the State, and continued to be to the time of his death.
Read the full summary
Appeal from Washington District Court. • Action to foreclosé a mortgage. The plaintiff claims to recover, in addition to the amount due on the promissory note which is secured by the mortgage, the sum of $56.20 paid by him for taxes levied upon the real estate covered by the incumbrance. The petition shows that the mortgagor was, at the time of the execution of the mortgage, a non-resident of the State, and continued to be to the time of his death. The defendants are his heirs, and a grantee of his widow’s interest, and are shown by the petition to be nonresidents. The answer of defendants,…
1Opinion of the CourtBeck, J.
*133, residencefcitizensinp. *132I. Under the statute of limitations in this State, actions of this kind are barred in ten years. Code, § 2529, *133par. 4. But it is provided that “ the time during which a def'endaut is a non-resident of the State shall not .h® included in computing any of the periods of limitation”- prescribed in the statute. Code, § 2633. Under this statute the period of limitation, having commenced to run in favor of a resident debtor, is arrested by his becoming a non-resident.
It becomes important to determine whether the statute began to run against the claim which is the foundation…
2Cases cited2 opinions
- Love v. CherrySupreme Court of Iowa · 1868
- Teal v. AyresTexas Supreme Court · 1853
3Cited by17 opinions
- Adams v. SmithSupreme Court of Iowa · 1921
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- San Diego Savings Bank v. GoodsellCalifornia Supreme Court · 1902
- Krone v. CooperSupreme Court of Arkansas · 1884
- Larned v. City of DubuqueSupreme Court of Iowa · 1892
12 more not listed; retrieve them via the Exa API.