New England Mortgage Security Co. v. Reding
Supreme Court of Arkansas
Appeal from Johnson Circuit Court in Chancery. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. Action to foreclose a deed- of trust or mortgage executed by defendants.
Read the full summary
Appeal from Johnson Circuit Court in Chancery. Jephtha H. Evans, Judge. STATEMENT BY THE COURT. Action to foreclose a deed- of trust or mortgage executed by defendants. The deed contained, among others, the following stipulations: “But this conveyance is made in trust for the following purposes only, that is to say: That whereas, the party of the first part is justly and lawfully indebted to the party of the third part in the sum of three hundred dollars, for that amount loaned by the party of the third part to said party of the first part, which is evidenced by the promissory note of said…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This action was brought by the appellant, the New England Mortgage Security Company, to foreclose a mortgage executed by John A. and Isabel Reding. The defendants, for answer, pleaded the five years” statute of limitations, and, a demurrer being filed thereto, the same was overruled by the circuit court, the answer was sustained, and afterwards a final decree was entered against plaintiff, dismissing its action.
The only question to determine is whether the statute of limitations of five or ten years applies to plaintiff’s action. The mortgage was…
2Cases cited3 opinions
- Harris v. MillsIllinois Supreme Court · 1862
- Brown v. CascadenSupreme Court of Iowa · 1876
- American Mortgage Co. v. MilamSupreme Court of Arkansas · 1897
3Cited by4 opinions
- Livingston v. New England Mortgage Security Co.Supreme Court of Arkansas · 1906
- American Freehold Land Mortgage Co. v. McManusSupreme Court of Arkansas · 1900
- Guardian Depositors Corp. v. SavageMichigan Supreme Court · 1938
- Elliott v. Kansas City Life Ins. Co.Supreme Court of Alabama · 1948