Grigsby v. Williams

Citations

• 89 Kan. 758
• 132 P. 1001
• 1913 Kan. LEXIS 117

Syllabus

<p>syllabus by the court.</p> <p>1. Mortgage Foreclosure — Statutes of Limitations of Another State Must be Pleaded. When none but the five-year statute of limitations of this state is pleaded in opposition to the foreclosure of a mortgage the court can not give the pleader the benefit of the six-year statute of limitations of another state.</p> <p>2. - When Mortgage Lien is Not Defeated by Adverse Possession. The lien of a real-estate mortgage is not defeated by adverse possession when the initial claim of ownership of the land was made under a deed, not yet fifteen years old, which contains an express recital that it is subject to the mortgage.</p>