Robidoux v. Munson

The opinion of the court was delivered by

Mason, J.:

In a suit brought to foreclose a real-estate mortgage Peter Robidoux, who had possession of the land under a tax deed, was made a defendant. His deed was set aside and he prosecutes error. He first complains of the refusal of the trial court to permit him to interpose the statute of limitations as a defense to the mortgage. It has been repeatedly decided by this court that one not in privity with the maker of a mortgage cannot avail himself of that plea against it. (Ordway v. Cowles, 45 Kan. 447, 25 Pac. 862; Trust Co. v. Parker, 65 Kan. 819,…