Skinner v. Moore

The opinion of the court was delivered by

Smith, J. :

A promissory note executed by a husband alone was secured by a mortgage jointly executed by the husband and wife on real estate occupied by them as a homestead. Payments of interest were made from time to time by the maker of the note (the husband) without the knowledge of the wife. This action was brought in the court below more than five years after the note became due, in which a personal judgment against the husband and a decree foreclosing the mortgage were prayed for. The statute of limitations had not run on the note against the maker…