Kaiser v. Idleman
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice McBride. This is a suit by W. M. Kaiser and Angie L. Warren, as co-executors of the last will and testament and estate of Tilmon Ford, deceased, against C. M. Idleman, W. H. Black, Eleanor A. Black and the city of Independence, a municipal corporation, to foreclose a certain mortgage given by the defendant, C. M. Idleman to the decedent, Tilmon Ford.
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From Marion: William Galloway, Judge. Statement by Mr. Justice McBride. This is a suit by W. M. Kaiser and Angie L. Warren, as co-executors of the last will and testament and estate of Tilmon Ford, deceased, against C. M. Idleman, W. H. Black, Eleanor A. Black and the city of Independence, a municipal corporation, to foreclose a certain mortgage given by the defendant, C. M. Idleman to the decedent, Tilmon Ford. The facts are as follows: On March 26, 1892, Tilmon Ford, plaintiffs’ testator, loaned to C. M. Idleman $4,000, taking.therefor his promissory note payable two years after date,…
1Opinion of the CourtJustice McBride
This appeal involves but one question: Did the payments made by Idleman upon the debt after he had conveyed the property to Mrs. Black operate to prevent the statute of limitations from running in her favor? By the provisions of Section 5, Title I, B. & C. Comp., the limitation for the commencement of suits upon a sealed instrument is declared to be 10 years, and the limitation for an action upon a promissory note is fixed at six years by the succeeding section. Section 24 of the same title is as follows:
“No acknowledgment or promise shall be sufficient evidence of a new or continuing…
2Cases cited20 opinions
- Willis v. MabonSupreme Court of Minnesota · 1892
- Schmucker v. SibertSupreme Court of Kansas · 1877
- Cross v. AllenSupreme Court of the United States · 1891
- Lord v. MorrisCalifornia Supreme Court · 1861
- Anderson v. BaxterOregon Supreme Court · 1871
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3Cited by17 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
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- Schleef v. PurdyOregon Supreme Court · 1923
- Miles v. VeatchOregon Supreme Court · 1950
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