Drury v. Henderson

The question here is, whether the lower courts correctly held the Statute of Limitations to be a bar to the right to foreclose the mortgages described in the bill.. In our opinion this depends entirely upon whether the Limitation act of November, 1849, or that of April, 1872, is applicable to the facts sufficiently proved to constitute, in legal effect, a new promise, for the evidence is insufficient to prove a payment upon the specific indebtedness secured by either mortgage within ten years before the filing of the bill, and without such proof no payment can be held to revive the debt.…