Shanks v. Louthan

The opinion of the court was delivered by

Benson, J.:

The petition in this suit was upon a promissory note and mortgage, praying for a foreclosure. The note is dated October 1, 1885, and bears the indorsements of several small sums from May 31, 1897, to April 19,1899, inclusive.

The answer averred that such indorsements were falsely and fraudulently entered by plaintiffs, and that *364such payments were never made, and pleaded the five-year statute of limitation.

The reply alleged the following facts: That in 1889 defendants Louthan and wife, who made the note and mortgage, departed from this state…