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· 5/11/1901

Westcott v. Whiteside

Citations

  • 63 Kan. 49
  • 64 P. 1032
  • 1901 Kan. LEXIS 91

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Note and Mortgage — Declaration of Election. A declaration that a debt is due and an election to treat it as due of a particular date are not for the purposes of the pending action only but for all purposes.</p> <p>2. -Limitation of Action. Where a mortgage provides that upon default in the payment of interest or taxes the whole sum secured thereby shall, at the option of the legal holder, become due and payable, the statute of limitations begins to run at the time stated in the declaration of election.</p>

Judges: Doster, Ellis, Pollock, Smith

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