Kenney v. Eblen

The question involved in this appeal is whether the five-year statute of limitation barred suit on the note and mortgage owned by the defendants in error, who were plaintiffs below. Plaintiffs in error. W. M. Kenney and wife, who were defendants below, on December 1, 1924, executed a note for $2,000 to W. H. Duff, payable December 1, 1929, and secured the payment thereof, with 8 per cent, interest, by mortgaging their homestead. In 1927 Duff assigned the note and mortgage to H. A. Williams, who died in 1933. This action was commenced April 13, 1936, by the brothers and sisters of I-I. A.…