Schiltz v. Wokal

*679The opinion of the court was delivered by

Harvey, J.:

This was an action to determine the balance due on a promissory note and to foreclose á mortgage given to secure it. The defense was the five-year statute of limitations. (G. S. 1935, 60-306, First.) A trial by the court resulted in a judgment and decree for plaintiff. Defendants have appealed.

On April' 1, 1932, Charles Wokal executed a note to the Farmers State Bank at Clay Center for $3,600, due January 14, 1934, and secured the same by a mortgage on four pieces of real property known in the record as tracts A, B, C and D, being a first…