Wright v. Zitrouer

Warner, Chief. Justice.

This was a petition to foreclose a mortgage on certain desscribed lands in the county of Effingham.- The defendant pleaded the statute of limitations of 1869 in bar thereof. The court overruled the plea of the statute, and the defendant excepted. It appears from the bill of éxceptions that the defendant’s intestate executed the mortgage in 1855, to secure the payment of a promissory note, due in 1860; that in 1861 Mrs. Weitman, the mortgagee, died, that the two qualified executors on her-estate died in 1867, and from that time until 1874 the estate of,Mrs Weitman…