Stevens v. Young

This is a motion in a mortgage foreclosure action to dismiss the complaint as to the defendant Mary M. Young on the ground that the summons and complaint were not served upon her until after the expiration of the time allowed by statute for instituting the action.

It is not denied that the service on her was made after the six-year Statute of Limitations had expired but the plaintiff contends that since timely service was made on the defendant Sarah Ellen Young, later service could legally be made on her codefendant. This is true if the parties are “ united in interest ”.

No cases involving…