7 Kan. 297 | Kan. | 1871
'The opinion of the court was delivered by
This is an action on a note and mort-gage, given by William H. Goble and Lida M. Goble on the 15th of April, 1861, to William B. Simmons for $625.57. The note bore interest at twenty per cent, per annum, to be compounded annually. On the 26th of September, 1864, $550 were paid on the note, and on the 3d of July, 1865, $260 were paid thereon, and this was 4he last payment. This action was commenced by the -administrator of William B. Simmons on the 17th day of March, 1869. It is admitted that Simmons died on "the 10th day of February, 1867, and that plaintiff in ■error was appointed administrator on the 18th of June, 1868. The defense relied on is the statute of limitations.