Craig v. Welch

Action in equity against Ruth Kueck Welch and husband to foreclose a real-estate mortgage upon a residence property in Fort Dodge. The mortgage was made in 1923 by Albertena Kueck, mother of Ruth Kueck Welch, to secure a $1,600 loan due in 1926, to J. B. Butler. Albertena Kueek died in December 1935. This suit was instituted in 1940. The defense was the bar of the statute of limitations. In avoidance of this, plaintiffs alleged the statute had been tolled by a written admission of the debt signed by Albertena Kueek. Code section 11018.

Plaintiffs first secured judgment and decree by default…