Miller v. Baier

The opinion of the court was delivered by

Mason, J. :

Samuel G. Miller sued Henry Baier, alleging that he was the owner of a note secured by a. real-estate mortgage, both executed by Franz and Anni Svoboda; that Baier had bought the land, and in a letter written to plaintiff on May 14, 1892, agreed to pay the mortgage debt, which was then due. The action was upon this promise for the amount of the debt,, and was begun March 26, 1900. To avoid the statute of limitations, the petition alleged that Baier had at all times referred to been absent from the state of Kansas. The defendant filed an…