Gibson v. Ast

The opinion of the court was delivered by

Smith, J.:

Gibson commenced this suit in the district court of Ellis county to foreclose a mortgage upon a tract of land in that county formerly owned by one *459Parks, who, with his wife, executed a note for $750 and secured the payment of the same by a mortgage on the land. Gibson alleged proper indorsements and assignments of the note and mortgage. Ast and wife, being made defendants therein, answered and alleged, among other defenses, that the suit of Gibson was barred by the statute of limitations, and that they were the absolute owners of the property…