The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-06-01
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AL udo conveyed tne properly 10 Der
nard and taken new deed from him,
which would have left the title IN
plaintiff as it now stands. 1t was
not necessary to have these extra
deeds and if they had been executed
they would not have varied the time
for bringing suit and the initiation OF
the running of the statute which was
controlled by the last bond and the
date therein fixed and extended for
payment and reconveyance.
Plaintiff is fortrtied with a writing
for all that is awarded him by the
judgment and for more if the property
is worth more
The loan and giving of the security
which vary the unconditional terms
OF the deed. and which are shown
verbally, are facts favorable to an.
peliant which it would have been in.
cumbent upon her to prove if pla ntiff
mad sued in ejectment for the prop
erty and introduced the deed. The
oIlhsinS OF the action four years
and four months after January l. 1900.
the time fixed in the last bond for
a reconyeyance conditioned on pay
ment. was cot too late
1t IS also urged that suit was not
pegun within the time required by
the provisions of the Probate Act
after the rejection of the claim by
the eAecutrN. Whether tbs is SO is
imMarterial for although she as exc
curtrix Is named as a party defendant,
The allegations OF the complaint and
the decree may be considered as
running against the property only
NO Judgment for any deficiency after
sale or otherwise against the estate
IS demanded or given by the decree,
premises and plaintiffs rights to this
extent would not be curtailed nor
olISSlSO W AoAiul Z " pAOSCal q SAaAAA
to the eXecutr-z, nor by her rejection
of the claim liled, nor by his ON
mission to sue within the time pre-
scribed for commencing actions on
rejected claims against estates of de-
ceased persons, as is necessary when
it is desired to reach the assets OF
the estate.
In Cookies V. Culberston, New. 2O1,
as here. deed was given as security
for loan which was not evidenced
THE remedy upon the debt IS barred
by the statute. but the debt was not
thereby extinguished; and as the
statute Of limitations Of this State
applies to suits in equity as we'll as
actions at law, the creditors could
have enforced payment by foreclosure
of the mortgage within four years
after the cause OF action accrued
He had two remedies, one upon the
debt, the other upon the mortgage;
by losing one he does not necessarily
lose the other" Since the rendition
of the decision the time for comnenc-
ing actions on written instruments
has been extended from four to six
years and under well recognized
principles plaintiff was allowed that
length of time after the date fixed
for payment of the $1,000 and for the
veyance, which was January l, 1900
AS said in Borden V. Glow, p New.
27S. 1T is rule IN regard to the
statute of limitations that the statute
begins to run when the debt is due
and an action can be instituted upon
it, Under the argument Tor appel
ant the four years from the final loan
on February s. 1896 to the t:me for
payment OF the $1,000 under the bond
on January l, 1900, would be de-
Quoted from the six years allowed
for bringing suit, and on that theory
ii the maturity of the loan had been
more than six years, instead of four
plaintiffs cause of action would have
r.. been barred before it accrued.
The judgment OF the District Court
! is affirmed.
TALBOT. J.
4 We concur
Fitzgerald. c. ].
Norcross. J. = So '-'~-'.