Moore v. Clark

Bird, Y. C.

This bill is filed to foreclose a mortgage. The defence is payment, or rather the statute of limitations is set up as a bar. The mortgage was executed more than twenty years before suit brought. The answer to this defence is that the defendant, the *153present owner, took title before the expiration of the twenty years, and when he took the title he accepted a deed in which it was expressly stated that it was conveyed subject to this mortgage. I conclude that that was such an acknowledgment as will take the case out of the statute. Jackson v. Wood, 12 Johns. 242; Park v. Peck, 1 Paige…