Snyder v. Miller

Citations

• 71 Kan. 410
• 80 P. 970
• 69 L.R.A. 250
• 1905 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mortgages — Default—Limitation—Suspension—Estoppel. A mortgage securing a series of notes due at intervals of one year provided that non-payment of any one of them together with non-payment of taxes due on the mortgaged premises should mature the entire debt. None of the notes was paid at maturity. At the date of the maturity of the first note taxes on the land were due and unpaid, and such default continued until after all the notes were due. A purchaser of the land from the mortgagor, who did not assume payment of the mortgage, then paid the taxes. Subsequently to the payment of the taxes, and more than five years from the date of the default upon the first note and taxes, the mortgagee brought suit to foreclose the mortgage. Held: (a) The statute of limitations commenced to run at the date of the default upon the first note, and taxes; (b) the running of the statute of limitations was not suspended by the payment of taxes; (c) by paying the taxes the landowner did not waive the right to plead the statute of limitations, or estop himself from so doing.</p> <p>2. - Cases Followed, and Criticized. The case of National Bank v. Peck, 8 Kan. 660, approved and followed, and the case of Douthitt v. Farrell, 60 Kan. 195, 56 Pae. 9, criticized.</p>