Hottell v. Kemp

The opinion of the court was delivered by

Thiele, J.:

This was an action to foreclose two mortgages, the defense being that the action was barred by the statute of limitations.

The petition, filed September 9, 1932, set up two notes secured by real-estate mortgages, one note for $3,500 being dated November 4, 1921, and due three years after date, the other note for $1,500 being dated November 25, 1922, and due one year after date, and that interest was last paid December 4, 1926. To avoid a showing that the notes were barred, it was further alleged that plaintiff’s husband acted as her agent in…