Long v. Barnet

Schaeffer, P. J.,

To the scire facias sur mortgage caused to •be issued by the plaintiff, certain defendants claiming as real owners have filed their affidavit of defense. The trial resulted in a verdict for the plaintiff. The only question is whether or not the defendants’ motion for binding instructions should have been granted on the ground that plaintiff’s action is barred by the statute of limitations.

The mortgage, dated and acknowledged on Sept. 4, 1890, was given by Cyrus Barnet, obligor, to Jonathan Klopp, mortgagee, “in trust and for the use of Maria Barnet, the wife of the obligor of…