Colton v. Depew

In Colton v. Depew, 60 N.J. Eq. 454, 46 A. 728 (E. & A.1900), the court repeated and approved much of the holding of Blue v. Everett. However, the court there went further and also made clear that, although adverse possession was an element of the applicable statute of limitation, a simple non-payment under the mortgage was sufficient "adverse" action by the mortgagor to cause the limitation period to run. Only if the mortgagor made one or more payments under the mortgage during that twenty year period, would the running of the limitation period stop. Thus, said the court, the mortgagor's title becomes "adverse" to the mortgagee when "the mortgagor has ceased to recognize the mortgagee's title by the nonpayment of interest." 60 N.J. Eq. at 462, 46 A. 728.