Campbell v. Upton

Nothing would be gained by a delineation of the events out of which this controversy has emerged. The precise question to be determined is whether a suit to foreclose a real estate mortgage, securing a debt evidenced by promissory notes, may. be maintained after the right of action on such notes has become barred by the statute of limitations.

Section 6 of the Code of Civil Procedure is as follows: “An action for the recovery of the title or possession of lands, tenements, or hereditaments, can only be brought within ten years after the cause of such action shall have accrued. This section…