Wood

The above action was brought to quiet plaintiff’s title to a parcel of land in Los Angeles County. Plaintiffs acquired title from the estate of J. J. Morgan, deceased, by deed dated September 20, 1929, and recorded on September 27, 1929. Morgan acquired the property from P. N. & J. Willey on November 8, 1902, by a deed which recited that the conveyance was made subject to “the mortgage on this and other property for the amount of $14,000”. The mortgage referred to was executed by W. E. Ploel and others to the Willeys, and it was recorded on March -10, 1920. The same was assigned to appellant E. H. Willey on June 6, 1922, and the assignment was duly recorded. The mortgage secured a note payable on or before three years after March 1, 1920. So far as appears by the public records the note and mortgage were barred by the statute of limitations at the time of the plaintiffs’ purchase. On February 2, 1925, Morgan executed an agreement in writing to pay appellant Willey on March 2, 1926, the balance which remained unpaid on the note, namely, $500 with interest, and said appellant therein agreed to extend the time for payment accordingly. This agreement was not acknowledged nor recorded,…