The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-06-18
Dcoision


Decision
"a :. :-....~ =, .:a3, the plaintiff.
o. 90 % william Bernard. n
1.c@- .--.-~.. TO :ecura Tho ',~--
s.l-uj as@' -,.-.- .-- .-..--,
-. -. ---.-.:,- = = -.
!. -. :. - Sane -. :,....::-. 2
s1R,c.ct = -. : l-23 = o.
y,..l.' 1E-ee. - - c,:.re:- =.
rurl ev1 Oh CT before February i,
1ses pr 81 ia. e vas p. - ::
.s.0 .f..a, da.e 500. a. as -,
en2ga..:. On February 5, l;a9 : a.
- l,2nel Bernard the additional So
a. $500 and accepted as security -,,
s,aWa, anu interest dee1 l2a,'e
- ,,afot.n at TIE time the *.e3 "az /.
Borrowed, ard By releass &.ale, IN
va.tu; ACKNOWLEDGED: AMI. cee7cda~,
par ~ -.e,C. h.. r. = a
o,...-.~...c....- sc5..l:..ss .,o-- tha 80
rs5a February &, l6te, and there
loa-. -...aEnt.-f.. lz-aeU. ed 20 1e----a"1 >
-aw e.na, 1.alaa February :, 2saj,
-..z5r.-tj IA p!a--.t:iiL WG<: 1-a--e
ana ..elJ.rry good and SUI clon1 t.
zey.-..y:s of the prot-g-:: : -, >,
y.uy.Ged Plaintiff was ra:C :-9s1 =:
a- before January !, 1909 am a.
~ annually, and further prov!s-onc1
e,,ar a Bernard paid these amounts
xznd The taxes he would be entitled -
n=n AM possessit' OF tha o"~'>>,.:. =.
4 5e'ec!pD'- -aIa the Statl:--t-.. - Ala:
Zsssion Of Bernard q short time be
aors ais qieatn indicate that The CT.
Sayueuts were on interest to the
Ntn. l.Iy j February 1897. He c.'2f
.,hs, following YEAR and letters test
Il gGti-v were Issued to his woo"
R5.s Harriet Bernard who has s'ncG
xaa:.Ie4 c. j. O::.h. Plaintiffs de
rs-a sriy:rg QUO OF the above iran
sAc-cr4 was presented against the
xss.e and By her as eXecut".x was
sse;ec.cd en- august %. 1898. There
& .s.s1...cny indicating tha, sac had
T crG:l us,y recognized tie tc:s and ~
e.suyrszt r.n: &c borrow ,:,C.!c.' fn: rs
x.ruent. On July -, l"nl tle ;Tt y
.wy vas set over % i.ec IL Gecre'
z: ,s:-;5u:;on. From judgment de
,,eeia- mo coed TO cla.lt,n to bs
Mortgage. and ordering fore
s,aa.,..e- ard sale OF the premises Il
ys<St; the amount. slF"l.21 an
$40 costs. found due to p.a-ntiI
sae appeals.
Tbs we'll settled doctrine hat
/ aeea executed merely fer the purpos
IT securin. a debt will be construe
n 4 mortgage IS not assailed, but fo
a,pellant it is commended that as sui
+ Has not brought until April. 100!
more ,han six years after tne las
snsp and the giving Of the last bon
. ~ February s. 1896. and more ina
: aaoe wears after the time, January
$50 fixed for conveyance 'iiei
xnas. conditioned on payment, tn
action is barred by the statute
limitations. 1t is said ths
by executing a written release OF tt
1rsr bond and accepting a new or
INSTEAD, at the time he borsowe
the last amount. $500, Bernard Ct
40, sign any writing agreeing {
pay or acknowledging debt. AZ
that therefore the obligation to p7
"a his part was merely verbal al
would be barred in four years. "
Do not so view that transaction Mo
Instrument in daily use, such as dee:
mortgages. notes. orders. drafts al
necks are signed by only one OF Il
PARTIES, but are not for that reas.
verbal nor half verbal. Although Be
aard executed no note or writil
agreeing to pay any money, he sign
&.deed absolute in terms conveyil
the property to- ola.nliff. and by tn
ssst and the decree no more Is soug
tA9D he1uoaer his signature oblfgat
nARseiS 10 yield. In equity the {
oeA,i , Of the time for . reconye
..,:. ~ plaintiff. given by the 81
punAe Of the drst bond and the :
ecxrion Of . new one oLs,t t.
epustdered ss. effective as. 4 pt3i