Kirk v. Andrew

Citations

• 78 Kan. 612
• 97 P. 797
• 1908 Kan. LEXIS 116

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Limitation of'Actions — Action on a Note — Foreclosure of a Mortgage. In a suit to recover upon a promissory note, and to foreclose a mortgage given to secure the payment thereof, the limitation of time for bringing the action is prescribed by section 4446 of the General Statutes of 1901 (Civ. Code, § 18), and section 4444 (Civ. Code, § 16) is not applicable thereto.</p> <p>2. - Debt and Security — Absence from the State. In such a suit the same limitation applies to each branch of the case, and if the action is maintainable upon the note it is maintainable upon the mortgage.</p>