Kirk v. Andrew

The opinion of the' court was delivered by

Smith, J.:

J. H. Andrew brought this suit in the district court of Logan county to recover on a promissory note executed by the Kirks, and to foreclose a mortgage on real estate given to secure the payment thereof. . .

The petition contained copies of the note and mortgage, and prayed for personal judgment on the note and for foreclosure of the mortgage. It showed on its face that the note had become due and the conditions of the mortgage had been broken more than five years before the commencement of the suit. No facts were alleged therein to toll the…