Toby v. Allen
Supreme Court of Kansas
Error from Douglas County. Erom the record it appears that the Hartford Eire Insurance Company on the 12th of March 1861, commenced an action against the defendant in error as administrator of Norman Allen, deceased, on a note and to foreclose a mortgage, both dated September 12th, 1860, payable six months from date, and tor the sale of the mortgaged property, viz : the undivided half of lot No. 20, Massachusetts street, Lawrence, and the plaintiff in error was made a party…
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Error from Douglas County. Erom the record it appears that the Hartford Eire Insurance Company on the 12th of March 1861, commenced an action against the defendant in error as administrator of Norman Allen, deceased, on a note and to foreclose a mortgage, both dated September 12th, 1860, payable six months from date, and tor the sale of the mortgaged property, viz : the undivided half of lot No. 20, Massachusetts street, Lawrence, and the plaintiff in error was made a party defendant. Personal service was had on Aden, hut service by publication on Toby, the first insertion of the publication…
1Opinion of the Court
By the Court,
Crozier, C. J.
The only question presented in this case for the consideration of the court, is: at what time, with reference to the claim of Toby, did the three years contemplated by the twentieth section of the Code, commonly called the three years limitation, expire ?
It is agreed that, regularly, and regardless of the exceptions on account of absence, &c., mentioned in the Code, the claim of the plaintiff in error would have been barred on the 5th day of May 1864, but that during the interval between the maturity of the note and the time mentioned, there were one hundred and…
2Cited by16 opinions
- Bauserman v. CharlottSupreme Court of Kansas · 1891
- Neddo v. NeddoSupreme Court of Kansas · 1896
- Glazier Ex Rel. Estate of Glazier v. HeneybussSupreme Court of Oklahoma · 1907
- Barclay v. BlackintonCalifornia Supreme Court · 1899
- German Fire Insurance v. Bullene, Moore, Emery & Co.Supreme Court of Kansas · 1893
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