Eureka Bank v. Bay

Citations

• 90 Kan. 506
• 135 P. 584
• 1913 Kan. LEXIS 254

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Statute op Limitations — Belief on the Ground, of Duress. The provision of the statute of limitations governing actions for relief on the ground of fraud has no application to an action for relief on the ground of duress by threats.</p> <p>•2. - Same. The statute of limitations does not commence to run against an action for relief on the ground of duress by threats while the mind of the aggrieved party continues to be dominated by the threats.</p> <p>3. - S^ame. So long as the influence of duress continues, conduct in apparent recognition of the validity of contracts procured by that means does not constitute ratification.</p> <p>4. Note and Mortgage — Duress—Limitation of Action — Evidence. The evidence considered and held to support a judgment canceling notes and mortgages on the ground that they were procured by duress, in opposition to pleas of the statute of limitations.and ratification.</p>