Skinner v. Moore

Citations

• 64 Kan. 360
• 67 P. 827
• 1902 Kan. LEXIS 210

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Limitation oe Action — Foreclosure of Mortgage — Payments of Interest — Homestead. A mortgage on land occupied as a homestead was given by a husband and wife to secure the payment of a .note executed by the husband alone. Payments of interest were made on the note from time to time by the husband without the knowledge of the wife. More than five years after the maturity of the debt, but within five years after the last payment of interest, an action was brought to recover on the note, and to foreclose the mortgage. Held, that the mortgaged land was subject to sale under a decree of foreclosure for the payment of the note.</p>