Worth v. Worth

This is an appeal by defendant from a judgment and order denying his motion for a new trial, in an action brought by plaintiff to foreclose the lien of a mortgage-given by defendant to plaintiff, to secure the payment of a promissory note dated February 15, 1899, for twenty-five hundred dollars, bearing interest at the rate of eight per cent per annum and payable March 1, 1902.

1. It appears from the amended complaint that this action was not commenced until shortly after the expiration of four years from the maturity of the note. A demurrer was interposed to the amended complaint based on the…