The complaint states a cause of action for the foreclosure of a mortgage. The answer sets up an affirmative defense to the effect that the cause of action stated in the complaint did not accrue within forty years before the action was commenced and was, therefore, barred by section 31 of the Civil Practice Act. The defendants urge that the defect complained of appears upon the face of the complaint. We are of the opinion that section 31 of the Civil Practice Act does not...
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