Haythorn v. Cooper

*339The opinion of the court was delivered by

Cunningham, J.:

• This was an action on a note and to foreclose a mortgage securing the same. The defense was based upon the statute of limitations. To remove the bar, the following letter was relied on by the plaintiff:

“Belle Plains, Kan., September 13, 1894.

“The Chester County Banking and Trust Co., West Chester,Pa.:

“Gentlemen — I understand you own a mortgage of $3500 made by me and secured by lots 60, 62, and 64, in Mead’s addition to Wichita. This property, which cost me $15,500, is now said to be worth not over $1500. It is going to rack for want…