Schifferstein v. Allison
Illinois Supreme Court
Appeal from the Appellate Court for the Fourth District;—■ heard in that court on writ of error to the Circuit- Court of Jasper county; the Hon. W. C. Jones, Judge, presiding.
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Appeal from the Appellate Court for the Fourth District;—■ heard in that court on writ of error to the Circuit- Court of Jasper county; the Hon. W. C. Jones, Judge, presiding. This was a bill in chancery for the foreclosure of a mortgage given on October 23, 1874, to secure the payment of a promissory note of that date, payable one year after date, for $300. Several payments had been made upon the note, the last of date December 12, 1882. The bill was brought to the December term, 1886, of the circuit court. The defence set up the Statute of Limitations.
1Opinion of the CourtJustice Scholfield
Section 11, of chapter 83, of the Revised Statutes of 1874, provides, that “no person shall commence an action, or make-a sale to foreclose any mortgage or deed of trust in the nature-of a mortgage, unless within ten years after the right of action or right to make such sale accrues.” The question is, where payments have been made on the indebtedness secured- by the mortgage, after its maturity, does the time contemplated by this section only commence to run after the last payment ?
The 16th section of the same act is: “Actions on bonds, promissory notes, bills of exchange, written leases,…
2Cases cited3 opinions
- Hyman v. BayneIllinois Supreme Court · 1876
- Sennott v. Horner & HypesIllinois Supreme Court · 1863
- McMillan v. McCormickIllinois Supreme Court · 1886
3Cited by17 opinions
- Waughop v. BartlettIllinois Supreme Court · 1896
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Hibernian Banking Ass'n v. Commercial National BankIllinois Supreme Court · 1895
- Hughes v. ThomasWisconsin Supreme Court · 1907
- Webster Mfg. Co. v. ByrnesCalifornia Supreme Court · 1929
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