
    John Neal, plaintiff in error, vs. James Duffee, administrator, defendant in error.
    1. A mortgage made in 1852, to secure a debt which fell due in the following . year, is within the limitation act of 1869, and was barred on the first of January, 1870: See 49 Georgia, 441.
    2. The bar of the statute attached, notwithstanding the mortgagor, on the face ot the instrument, reserved to himself and family all the rights allowed by law to insolvent debtors in and to fifty acres of the mortgaged premises, and although the mortgagor lived till the year 1871, and never took the benefit of the reservation. The legal effect of the reservation .was not to postpone proceedings to foreclose until after the particular fifty acres should be laid off under the insolvent laws, or until after the mortgagor had enjoyed the estate during his life, but simply to give fair warning that when the mortgage came to be enforced fifty acres of the land would be claimed to be exempt from its lien, in favor of the mortgagor and his family, as in the case of insolvent debtors.
    Mortgage. Statute of limitations. Before Judge Hall. Pike Superior Court. October Term, 1874.
    'On October 9th, 1873, John Neal commenced proceedings against James Duffee, as administrator upon the • estate of "William Duffee, deceased, to foreclose a mortgage on certain land, executed on October 6th, 1852, to secure a note bearing the same date, due at twelve months, for $176 80. The defendant pleaded the general issue, the statute of limitations, and especially the limitation act of March 16th, 1869. To avoid the last plea the plaintiff, by way of replication, relied upon the following language in the mortgage, inserted between the usual granting and habendum clauses: “ Reserving to myself and to my family all the rights allowed by law to insolvent debtors in and to fifty acres off of said lot;” alleging that the mortgagor died in the year 1871, never having availed himself of said reservation.
    To this replication the defendant demurred. The demurrer was sustained, and the plea held good. To these rulings plaintiff excepted.
    Pope & Dupree;' A. M. Speer, for plaintiff in error.
    Boynton & Dismuke, for defendant.
   Bleckley, Judge.

The head-notes set forth the opinion of the court.

Judgment affirmed.  