Deaton v. Deaton
Appellate Court of Illinois
Bill for an Accounting.—Appeal from the Circuit Court of Morgan County; the Hon. Owen P. Thompson, Judge presiding. Heard in this court at the November term, 1902.
1Opinion of the CourtJustice Harker
The sole question for our decision is whether the Circuit Court erred in holding that the note and mortgage in question were barred by the statute of limitations as against the remaining interests of appellees in the land which Matilda Deaton owned at the time of her death.
The note became due on the first of March, 1889, and under section 16 of the limitations act, was barred ten years thereafter unless the bar was removed by payment, or new promise to pay, in writing. Appellants’ bill was not filed until February 5, 1901, nearly two years after the expiration of the ten years. It is…
2Cases cited3 opinions
- Kallenbach v. DickinsonIllinois Supreme Court · 1881
- Ætna Life Insurance v. McNeelyIllinois Supreme Court · 1897
- Ætna Life Insurance v. McNeelyAppellate Court of Illinois · 1896
3Cited by2 opinions
- First National Bank v. TerryCalifornia Court of Appeal · 1930
- United States v. LorinceDistrict Court, N.D. Illinois · 1991