Andregg v. Sparrow

The opinion of the court was delivered by

Smith, J.:

The plaintiff brought this suit against the defendant to obtain judgment on a promissory note and to foreclose a real-estate mortgage given to secure the note. The defendant set up the statute of limitations as a defense. Judgment was for the plaintiff, and defendant has appealed.

The parties agree and the evidence establishes without question that the note and mortgage sued upon were given on October 24, 1931, to cover the purchase price of the farm in Sheridan county, the description of which is set out in the mortgage. The mortgagee, C. E.…