Stone v. Smoot

Plaintiff, L. L. Stone, sued to recover on promissory notes executed by defendants, W. T. Smoot and Edna L. Smoot, husband and wife, and to foreclose a mortgage given to secure the notes on land belonging to defendants. Defendants demurred on the ground that the petition showed on its face that the action was barred by the statute of' limitations. The trial court sustained the demurrer, plaintiff elected to stand on the amended petition, and the trial court dismissed the action. Plaintiff appeals.

The amended petition recites that the notes and mortgage were executed by defendants on August…