Lincoln National Life Insurance v. Kelly

This is an appeal from a judgment dismissing plaintiff’s action on the ground that it is barred by the six-year statute of limitations (Rev Code 1943, § 28-0116). The facts are all stipulated. On August 14, 1925, John Heffernan procured a real estate loan from the Royal Union Life Insurance Company in the amount of $7782.75 which was ■ evidenced by eleven promissory notes in various amounts and due at annual intervals from January 1, 1926 to January 1, 1936, inclusive. As security the mortgagor executed a real estate mortgage in writing covering certain lands in Williams County. The mortgage…