McLane v. Allison

The opinion of the court was delivered by

Doster, O. J.:

This was an action brought by John McLane, as administrator of the estate of C. S. Averill, deceased, against Samuel T. Allison and others, to foreclose a mortgage upon real estate. The district court held that the action was barred by the statute of limitations, and upon proceedings in error to the court of appeals the judgment of the lower court was affirmed. Error has been prosecuted to this court.

*442Samuel T. Allison was the owner of the real estate in question, and on November 1, 1883, executed a note to C. S. Averill for the sum of…