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WALCKER v. BENSON AND McLAUGHLIN, P.S.

No. 14467-4-III.

904 P.2d 1176 (1995)

79 Wash.App. 739

Elmer E. WALCKER and Stella C. Walcker, husband and wife, Appellants, v. BENSON AND McLAUGHLIN, P.S., a corporation, Lawyers Title Insurance Company of Washington Inc., a corporation, Respondents.

Court of Appeals of Washington, Division 3, Panel Three.

Reconsideration Denied December 6, 1995.

Attorney(s) appearing for the Case

Samuel C. Rutherford, Foreman & Arch, Chelan, for Appellants.

Nicholas F. Corning, Treece, Richdale, Malone & Corning, Seattle, for Respondents.

THOMPSON, Chief Judge.

Elmer and Stella Walcker appeal the Superior Court's order dismissing their action to quiet title. They contend that, because the statute of limitations has expired on enforcement of the underlying promissory note, Benson and McLaughlin, P.S., should not be permitted to proceed with its nonjudicial foreclosure of a deed of trust. We agree.

On September 4, 1986, the Walckers executed a demand promissory note in favor of

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