Alropa Corporation v. Goldstein

The petition shows that- a mortgage under seal was given to secure a note not under seal. The note was barred by the statute of limitations, while the mortgage was not. The petition states “that this action is brought and specifically based upon the right of the plaintiff to recover on the covenant contained in the mortgage deed,” '“to pay all and singular the principal and interest and other sums of money payable by virtue of said promissory notes and this deed, or either, promptly and on the days.respectively the same severally become due.” The question is whether an independent action for…