The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-06-11
. OFFICIAL ADVERTISING

a. Aau SOA'C3Cu IAe piOpSily " DEL !
nard and taken new deed from him,
which would have left the title IN
plaintiff as it now stands. It 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 |
Gate therein fixed and extended for !
payment and reconveyance.
Plaintiff is fortified 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 ap-
pellant which it would have been in
cumbent upon her to prove if plaintiff
mad sued in ejectment for the PROB
erty and introduced the deed. The
bringing Of the action four wears
and four months after January l. 1900.
the time fixed in the last bond for
reconveyance conditioned on pay
ment. was rot too late.
1t Is also urged that suit was not
begun within the time required by
the provisions of the Probate Act
after the rejection of the claim by
the eXecutrx. Whether tbs is so is
imn1arterial 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
which is directed only against the
premises and plaintiffs rights to this
extent would not be curtailed nor
affected by failure TO present claim
! to the executri1, nor by her rejection
! of the claim filed, nor by his om-
! mission to sue within the time pre-
/ scribed for commencing actions on
rejected claims against estates OF de-
ceased persons, as is necessary when
il is desired to reach the assets OF
the estate.
In Cookies V. Culberston, 9 New. POT.
as here. deed was given as security
for a loan which was not evidenced
in writing. 1t was said in the opinion
/ 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 or 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 commence
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
termination Of the bond or a recon
veyance, which was January l, 1900
, AS said in Borden V. Glow. q New
278. 1T is rule N 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 1or appel
ant the four years from the final loar
\ on February s. 1896 to the t.me tol
payment of the $1,000 under the bono
: on January l., 1900, would be de
; Quoted from the six years allowed
I for bringing suit, and on that theor,
t if the maturity of The loan had beel
q more than six years, instead Of fou
plaintiffs cause of action would hav
been barred before it accrued
The judgment Of the District Cour
, Is affirmed
y TALBOT. ].
J We concur.
Fitzgerald. L. J.
;. Norcross. J.