Shank

On June 10, 1918, Minnie Justis, to secure the payment of a debt of $1,100 with interest, etc., executed to Jacob Swallow a chattel mortgage on certain furniture and other personal property in the city of Los Angeles. On September 13, 1918, this mortgage was transferred to Lola E. Kilfoil, .who remained the owner thereof until March 5, 1919. On August 7, 1918, Mrs. Justis transferred the mortgaged property to the defendant P. C. Blackburn. The note given by Justis, which the mortgage was to secure, was payable on or before December 10, 1918. Concurrently with the transfer to Blackburn, Mrs. Justis executed to him an agreement promising to pay off and satisfy the mortgage within ninety days from that date, August 7, 1918.

On the fifth day of March, 1919, there was pending an action by Kilfoil, as plaintiff, against Justis, as defendant, for the foreclosure of the chattel mortgage, in which action the default of Justis had been entered. On said March 5, 1919, William Shank paid over to Mrs. Kilfoil the amount of the mortgage indebtedness and received from her an assignment in due form of said mortgage. Thereupon the foreclosure action was dismissed and the assignment was…