Elliott v. Kansas City Life Ins. Co.

SIMPSON, Justice.

The appeal questions the right of a mortgagee or his assignee, who declares upon the mortgage covenant to pay the debt, to a deficiency on foreclosure, the statute of limitation of six years, Code 1940, Tit. 7, § 21, having run against suit on the note secured.

The claim of the appellee to the deficiency rests on the covenant in the mortgage to pay the indebtedness secured according to its tenor. The mortgage was under seal and if action can be brought on the specific covenant in the mortgage to pay the debt, the statute of limitation governing such actions has not yet tolled…