Houghton v. Tolman
Supreme Court of Vermont
Generar and spECiar assumpsit. Pleas, the general issue and statute of limitations. Replication traversing the special plea to the first count; and, as to‘ the second and third counts, that the notes therein declared upon were secured by real estate mortgage. Demurrer thereto. ■ Heard on demurrer at the September Term, 1901, Washington County, Start, J., presiding. Demurrer sustained, pro forma, special replication adjudged insufficient, and judgment for the defendant.
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Generar and spECiar assumpsit. Pleas, the general issue and statute of limitations. Replication traversing the special plea to the first count; and, as to‘ the second and third counts, that the notes therein declared upon were secured by real estate mortgage. Demurrer thereto. ■ Heard on demurrer at the September Term, 1901, Washington County, Start, J., presiding. Demurrer sustained, pro forma, special replication adjudged insufficient, and judgment for the defendant. The plaintiff excepted. Payment of a mortgage debt is not presumed until 15 years have expired after the debt became due, or…
1Opinion of the CourtRowEix, C. J.
The question js whether a note secured by mortgage on real estate is within the provision of the Stat*469ute of Limitations' that actions of assumpsit founded on a contract or liability expressed or implied shall be commenced within six years after the cause of action accrues and not after. This is a question of construction, concerning which the rule is, that when the statute is not restricted to particular causés of action, but provides that the action, by its technical denomination, shall be barred if not brought within the time limited, every cause for which it will lie is within the statute.…
2Cases cited5 opinions
- McCluny v. SillimanSupreme Court of the United States · 1830
- Sparhawk v. Administrator of Ozias BuellSupreme Court of Vermont · 1837
- Richmond v. AikenSupreme Court of Vermont · 1853
- Reed v. ShepleySupreme Court of Vermont · 1834
- Gleason & Field v. L. T. Kinney's AdministratorSupreme Court of Vermont · 1893
3Cited by6 opinions
- Huntington v. McCartySupreme Court of Vermont · 2002
- Oakes v. BuckmanSupreme Court of Vermont · 1913
- Collins v. Estate of CollinsSupreme Court of Vermont · 1932
- Price v. HoldenSupreme Court of Vermont · 1932
- Porter's Admrx. v. Shattuck's Est.Supreme Court of Vermont · 1903
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