Ott v. Flinspach

This-is a bill by appellee for the partition of certain real estate in the city of Bloomington. Appellant, a defendant to the original bill, filed a cross-bill in the cause seeking to foreclose a mortgage on a part of the premises, given to secure the payment of a promissory note held by his intestate. The chancellor held upon the hearing that the note in question was barred by the Statute of Limitations and dismissed the cross-bill for want of equity.

The note involved, which is for the principal sum of $1,500, is signed by Louis Flinspach, is payable to the order of Collon D. James, on the…