Brown v. Rockhold
Supreme Court of Iowa
Appeal from Jasper Circuit Gowrt. On the 9th day of June, 1853, one Hayes Black executed and delivered to the defendant, E. Rockliold, his' promissory note, by which lie undertook to pay to the order of said Rockliold, in eighteen months thereafter, the sum of two hundred and five dollars. On the same day Black and his wife executed and delivered to Rochhold a mortgage upon certain real estate in Jasper county, to secure the payment of said note.
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Appeal from Jasper Circuit Gowrt. On the 9th day of June, 1853, one Hayes Black executed and delivered to the defendant, E. Rockliold, his' promissory note, by which lie undertook to pay to the order of said Rockliold, in eighteen months thereafter, the sum of two hundred and five dollars. On the same day Black and his wife executed and delivered to Rochhold a mortgage upon certain real estate in Jasper county, to secure the payment of said note. The plaintiff herein, having become the owner of said real estate, filed liis petition in the court below on the 3d day of November, 1877, setting…
1Opinion of the Court
Rothrock, Ch. J.
1. statute of limitation: demurrer. I. The first question arising upon the record is, did the cross-petition of defendant show that the promissory note made by Hayes Black to the defendant was barred by the statute of limitations. To enable a party to insist by demurrer upon the statutory bar, the pleading must show “on the face thereof” that the cause of claim is within the statute. ■ Code, § 2648.
The Code, § 2533, provides that “the time during which a defendant is a non-resident of the State shall not be included in computing any of the periods of limitation above…
2Cases cited4 opinions
- Clinton County v. CoxSupreme Court of Iowa · 1873
- Mahon v. CooleySupreme Court of Iowa · 1873
- Shearer v. MillsSupreme Court of Iowa · 1872
- Moulton v. WalshSupreme Court of Iowa · 1870
3Cited by13 opinions
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Jennings v. SchmitzSupreme Court of Iowa · 1945
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
- First National Bank of Sigourney v. WoodmanSupreme Court of Iowa · 1895
- Robertson v. StuhlmillerSupreme Court of Iowa · 1895
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