Cunningham v. Hawkins.

Citations

• 24 Cal. 403

Syllabus

<p>Limitation of Lien of Mortgage.—The right to enforce the lien of a mortgage given to secure a debt is barred by the Statute of Limitations at the end of four years from the time the right of action accrues on the debt.</p> <p>Possession of Mortgagee does not Extend Lien.—The entry of the mortgagee into the possession of the mortgaged premises cannot, as between him and the mortgagor, extend the time allowed by the statute for the enforcement of the mortgage.</p> <p>Limitation of Action to Redeem Mortgage.—The right of the mortgagor to maintain an action to redeem the property from the lien of the mortgage is barred by the Statute of Limitations at the end of four years from the time the right of action accrues on the debt.</p> <p>Statute of Limitations—Mortgagor—Mortgagee.—The right of the mortgagee to maintain an action on the debt, and enforce the lien of a mortgage given to secure it, and the right of the mortgagor to maintain an action for the redemption of the property from the lien of the mortgage, are reciprocal, and when one is barred by the Statute of Limitations, the other is also.</p> <p>Action to Redeem—Revival of when Barred.—When the right to maintain an action for the redemption of the mortgaged property from the lien of the mortgage is barred by the Statute of Limitations, it cannot be revived by an offer of the mortgagor to pay the debt.</p>