Gump

This is an appeal from a judgment for the sum of $12,500 with interest upon a disallowed claim against the estate of A. W. McPherson, deceased. Appellant contends that the judgment cannot stand for the reason that the statute of limitations had run against a promissory note with a trust deed securing its payment before the claim was presented to the probate court.

The facts are as follows: On the twenty-third day of January, 1928, John A. Gump (plaintiff-respondent) delivered his check to C. D. Francis, trustee in a trust deed later herein mentioned, for the sum of $12,500 and received back the following writing, to wit:

The note referred to was an ordinary promissory note dated October 17, 1924, for the sum of $25,000, payable in one year after date, bearing interest at seven per cent per annum, signed Charles L. Forgey and assigned in blank December 10, 1924. The transfer is indorsed as accepted by C. D. Francis, trustee. The note was secured by deed of trust oh real property. Francis testified that he had a personal interest in the note on the day of this transaction.

On October 1, 1929, Francis and McPherson exchanged letters, Francis stated in his letter that he is, at…