Bennett v. Delphia

The plaintiff is the assignee of a mortgage executed by the defendant Oliver Delphia in 1885 to one Johnson to secure the payment of his promissory note of the same date. This is a proceeding to foreclose such mortgage in which the petition was filed October 13, 1923. The defendants rely upon the statute of limitations and deny the making of any payments on the note within the limitation period. The payment relied upon by the plaintiff as tolling the statute is claimed to have been made December 17, 1908. The case was referred to a special master on whose findings the chancellor rendered á…