Birkby v. Wilson

John L. Birkby and others sued Chalkley A. Wilson and others in the district court of Morgan county to quiet the title to certain real estate. The facts were stipulated. Defendants had a decree, a review of which is here sought.

The plaintiffs alleged title "and possession in themselves, and adverse claim in defendants. Wilson answered, cross-complained, setting up a valid and unpaid mortgage and sought affirmative relief. Plaintiffs replied that this mortgage, dated November 20, 1919, securing promissory note due December 1, 1924, was barred by section 6392, C. L. of ’21 and chapter 150,…