Wickwire v. Reard

James F. Wickwire, as trustee of the estate of L. H. Pruitt, deceased, brought this action to enforce payment of a promissory note for two thousand dollars, and to foreclose a mortgage securing the note.

The note was executed on February 1, 1923, and by its terms became due on February 1, 1926. Plaintiff alleged that several interest payments were thereafter made, the last one being made on December 21, 1942. The complaint was filed on December 20, 1948, or one day less than six years after the last alleged interest payment. The only defense was the statute of limitations, it being denied in…