Jacobs v. Vaill

The opinion of the court was delivered by

Mason, J. :

Mary L. and James N. Graham executed a mortgage to Henry M. Vaill on land which they afterward transferred to John T. Jacobs. Vaill brought an action to foreclose the mortgage, making Jacobs a defendant, at a time when, upon the face of the papers, the statute of limitations had run against the mortgage note. To avoid the effect of the statute, the petition alleged that since the note became due the makers had at all times been absent from the *108state. Jacobs filed a pleading designated as an answer and demurrer. It consisted of an answer, in…