Allen v. Glenn

Bleckley, Chief Justice.

The promissory note was not under seal, and the aetiou upon it was commenced more than six years after it became due. Confessedly the bar of the statute had attached if this result was not prevented by suing also upon the mortgage, which was under seal and contained a covenant binding the mortgagor to pay all reasonable attorney’s fees of collecting the note if the note was not paid at maturity. The two instruments were separate and distinct, and founding the action upon both did not aid one of them to uphold or extend the other. This court has ruled that the bar of…