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Weekes v. Rumbaugh

12 N.W.2d 636, 144 Neb. 103 (1944)

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Weekes v. Rumbaugh

Nebraska Supreme Court
12 N.W.2d 636, 144 Neb. 103 (1944)

LJ

Facts

In November 1926, a mortgage was executed and recorded against land in Nebraska. The mortgage was due on November 3, 1929. However, the mortgage was not satisfied at that time. Rather, interest through November 3, 1933, was paid on November 24, 1933. At no point was the mortgage refiled. In May 1940, Ralph Rumbaugh (defendant) purchased the land for value. Rumbaugh asserted that he acquired the land with good title because any claim against the mortgage was barred by Nebraska’s 10-year statute of limitations. Emma Dickinson Weekes (plaintiff) claimed that the payment of interest tolled the 10-year statutory period for claims against mortgages under Nebraska’s code of civil procedure. Specifically, Weekes noted that Nebraska law recognized a number of circumstances, such as partial payments, legal disability, and age, that could serve to postpone one’s obligations under a mortgage. The district court found in favor of Weekes, and Rumbaugh filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Nuss, J.)

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