Fuller v. McMahan

Citations

• 64 Kan. 441
• 67 P. 828
• 1902 Kan. LEXIS 225

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Homesteads and Exemptions— Note and Mortgage — Limitation of Action. A husband and wife joined in the execution of a note and of a mortgage on their homestead to secure it. The husband made two acknowledgments in writing to the holder of the note, admitting an existing liability thereon and promising to pay the debt. The note never was barred by limitation as against the husband, but it would have been except for these written acknowledgments. The wife made no payments or promises to pay. Held, that the mortgaged property was subject to sale for the payment of the note.</p> <p>2. - (Jase Followed — Case Distinguished. The case of Jackson v. Longwell, 63 Kan. 93, 64 Pac. 991, followed, and Bank v. Hardman, 62 id. 242, 61 Pac. 1131, distinguished.</p>