Newton v. Knox

Plaintiff, tlxe administrator with the will annexed of the estate of David K. Sarbaugh, brought an action in equity to foreclose a note and mortgage held by decedent’s estate. In anticipation of a plea of the statute of limitations, the plaintiff’s petition and amended and substituted petition set forth the fact that during a portion of the time since the note and mortgage had been given to administrator’s deceased it was held by Carl P. Knox, previously named as one of the executors. It is claimed in argument that the statutory limitation as to the bringing of an action after a certain…