Levensaler v. Batchelder

On Rehearing. After the foregoing opinion was filed, the defendant moved for a rehearing and argument was invited upon this motion.

Branch, J.

“No action for the recovery of real estate shall be brought after twenty years from the time the right to recover first accrued to the party claiming it, or to some person under whom he claims.” P. L., c. 329, s. 1.

“Actions upon notes secured by mortgage of real estate may be brought so long as the plaintiff is entitled to bring an action upon the mortgage.” 76., s. 5.

It is the contention of the plaintiff, as we understand it, that under the terms of the…