Leeka v. Yount

The opinion of the court was delivered by

Wedell, J.:

This action was brought to have a warranty deed declared to be a mortgage, and for incidental relief.

It appears the parties agree the petition was grounded in fraud. The appeal is from an order overruling a demurrer to the petition. The question involved is the two-year statute of limitations. It is unnecessary to narrate all the allegations of the petition. The warranty deed was recorded by appellant, who contends the statute of limitations began to run on the discovery of the fraud by appellees, which in this case, according to the…