Cheney v. Woodruff
Nebraska Supreme Court
Appeal from Johnson county district court. Tried below before Broad y,- J. The benefit of the statute of limitations may be waived, and will be, unless pleaded. Taylor v. Courtnay, 15 Neb., 196. Atchison & N. JR. Co. v. Miller, 16 Neb., 664. A mortgage foreclosure is not barred after the lapse of five years from the time the cause of action accrued.
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Appeal from Johnson county district court. Tried below before Broad y,- J. The benefit of the statute of limitations may be waived, and will be, unless pleaded. Taylor v. Courtnay, 15 Neb., 196. Atchison & N. JR. Co. v. Miller, 16 Neb., 664. A mortgage foreclosure is not barred after the lapse of five years from the time the cause of action accrued. Hale v. Christy, 8 Neb., 264. Stevenson v. Craig, 12 Neb. 464. Cheney v. Cooper, 14 Neb., 415. Herdman v. Marshall, 17 Neb., 259. A maker of a note who has declared to all the world that he has no defense or set-off to make against the note, and…
1Opinion of the Court
Maxwell, Ch. J.
This action was brought in the district court of Johnson county to foreclose a mortgage on real estate for a debt evidenced by four promissory notes alike in date, amount, parties,'and effect, except the time of maturity, being due in two, three, four, and five .years after date. The following is a copy of one of said notes:
“ $35.00. " Tecumseh, Neb., December 14th,' 1872.
“ Two years after date, for value received, I promise to pay to the order of P. D. Cheney, thirty-five dollars, at bank of Russell & Holmes, without interest before maturity, with twelve per cent per annum…
2Cases cited3 opinions
- Hale v. ChristyNebraska Supreme Court · 1879
- Rogers v. Omaha Hotel Co.Nebraska Supreme Court · 1875
- Panko v. IrwinNebraska Supreme Court · 1883
3Cited by6 opinions
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- Walton Plow Co. v. CampbellNebraska Supreme Court · 1892
- Morgan v. Farmington Coal & Coke Co.West Virginia Supreme Court · 1924
- Cheney v. CampbellNebraska Supreme Court · 1889
- Campbell v. UptonNebraska Supreme Court · 1898
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