Opinion
June 28, 1949.
Appeal from Supreme Court.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.
The action was instituted to cancel a mortgage given by William I. Skinner, deceased, to defendant Charles B. Skinner on the theory that such mortgage was fraudulently procured. The trial court held that there was no evidence from which fraud could be inferred and also that the Statute of Limitations is a bar to the prosecution of the action. The evidence sustains the determination. Judgment unanimously affirmed, with costs to defendant Skinner against plaintiff.