Younger v. Estate of Younger

The opinion of the court was delivered by

Schroeder, J.:

This is an action to foreclose a note and mortgage executed by Paul J. Younger, deceased, to his wife, Helen Younger. The plaintiffs were bequeathed the note and mortgage by the will of their mother, Helen Younger, subject to certain benefits given to Paul J. Younger by the will during his life. The trial court held the action barred by the five-year statute of limitations, and appeal has been duly perfected.

The only question is whether the statute of limitations has run upon the note and mortgage upon which suit is brought.

The facts in…