Timmonds v. Messner

Citations

• 109 Kan. 518
• 200 P. 270
• 1921 Kan. LEXIS 310

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note and Mortgage — Parties Nonresidents — Statute of Limitations— What Law Governs. In an action to foreclose a mortgage in which the parties were nonresidents and the defense was that it was barred by the statute of limitations, it is held: first, that the limitation law of the state in which the makers of the note and mortgage resided at the time the cause of action arose thereon, controls; second, that the mortgage is only an incident of the note and when the note is barred the mortgage is likewise barred; third, that in the absence of a statute of the other state, making absence from the state an exception to the operation of the statute of limitations, such absence does not suspend the running of the statute.</p> <p>2. Same — Death of Debtor — How Long Operation of Statute of Limitation is Suspended. The death of a debtor does not suspend the operation of the statute longer than to give the creditor a reasonable time and opportunity to procure the appointment of an administrator of the deceased debtor’s estate.</p> <p>3. Same — Affidavit Used as Deposition Proper Evidence. Under the circumstances stated in the opinion, it is held that an affidavit used as a deposition was evidence in the case and warranted the consideration of the same by the court.</p>