Douthitt v. Farrell

The opinion of the court was delivered by

Doster, O. J. :

This was an action to recover a personal judgment and to foreclose a mortgage upon real estate brought by Patrick Farrell, the defendant in error, against W. P. Douthitt and others, the plaintiffs in error. The sole defense to the action was the five-years’ statute of limitation. The findings and verdict of the jury and the judgment of the court were in favor of the plaintiff. The defendants prosecute error to this court. The note upon which suit was brought reads as follows :

“$5554.40. „ Topeka, Kan., April 5, 1889.

“On or before five…