State v. Peterson

April 24, 1924, respondents gave their note and mortgage for a loan of $4,700 made them by appellant from the permanent educational public school fund of the State. By agreement date of maturity was extended from April 24, 1929, to July 1, 1932. Interest to July 16, 1932, was paid December 16, 1932, thus starting the statute to run as at least of the latter date and the note and mortgage thereafter remained due and unpaid. Foreclosure was commenced December 10, 1938.

Respondent’s demurrer was sustained by the trial court on the ground the cause of action was barred by section 5-216, I. C. A. 1…