HERSEY, Chief Judge.
In an action to foreclose a mortgage the trial court ruled in favor of the estate of the mortgagor, holding that laches barred enforcement of the promissory note and mortgage. The estate's defense against foreclosure was based upon a vague assertion of partial payment and the fact that both the mortgagor and the attorney who drew the note and mortgage were deceased.
It has generally been held that laches does not come into play until the...
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