Jarrett

Appeal from a judgment declaring void a justice’s court judgment.

The facts are as follows: Defendant E. C. Redman executed a certain mortgage to secure the payment of a promissory note given to one Norma G. Tucker for the sum of three thousand dollars. The note was subsequently assigned to plaintiff Pearle H. Jarrett, said assignment being duly recorded January 3, 1914. On December 20, 1916, plaintiff and the mortgagor entered into a written agree ment extending the time of payment of the note for the period of three years. On the eighth day of May, 1922, foreclosure proceedings were instituted to recover the balance due upon the note and appellant Cooney was joined as a defendant, it being alleged that he claimed an interest in the mortgaged property. By way of answer Cooney alleged that he had a lien upon the mortgaged property by virtue of a judgment in his favor duly given and made by a justice’s court in Long Beach township against the mortgagor Red-man, an abstract of which judgment was recorded in the county of Los Angeles on January 20, 1919. As a further and affirmative defense Cooney pleaded the statute of limitations, alleging that the mortgage was more than four…