Benton County v. Czarlinsky
Supreme Court of Missouri
Appeal from Benton Circuit Court. — IIon. M. A. Fyke, Judge. (1) An action to foreclose a mortgage is barred by the statute of limitations if not brought within ten years from the time the cause of action upon such mortgage accrued.
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Appeal from Benton Circuit Court. — IIon. M. A. Fyke, Judge. (1) An action to foreclose a mortgage is barred by the statute of limitations if not brought within ten years from the time the cause of action upon such mortgage accrued. Bush v. White, 85 Mo. 339; Johnson v. Johnson, 81 Mo. 331. (2) No new promise to pay the mortgage nor recognition thereof by Czarlinsky, a mere stranger to the bond and mortgage from Bibb to Benton county, could arrest the running of the statute, or revive the lien of the mortgage after it had expired by limitation, especially if made to Mrs. Owsley and husband,…
1Opinion of the CourtBrace, J.
This is an action to foreclose a mortgage on two lots in the city of Warsaw, in said county, executed on the eleventh of August, 1871, by one Bibb to secure the payment of a bond of the same date executed by the said Bibb, with sureties, payable to the plaintiff for the sum of one hundred and fifty dollars, with ten per cent, interest • compounded, on or before the first of January, 1872. The suit was instituted on the fifth of March, 1885.
*278On the tenth of October, 1872, Bibb executed a second mortgage on the same premises, which was foreclosed by decree of the circuit court of said county,…
2Cases cited3 opinions
- Cape Girardeau County ex rel. Road & Canal Fund v. HarbisonSupreme Court of Missouri · 1874
- Lewis v. SchwennSupreme Court of Missouri · 1887
- Wood v. AugustineSupreme Court of Missouri · 1875
3Cited by4 opinions
- Sherwood v. BakerSupreme Court of Missouri · 1891
- Eyermann v. PironSupreme Court of Missouri · 1899
- Combs v. GoldsworthySupreme Court of Missouri · 1891
- Stayton v. HastainSupreme Court of Missouri · 1909