Beaver

This action was brought to recover from defendant the sum of $3,000. The cause of action was set forth by plaintiff in his complaint in the form of a common count for money had and received. The answer contained a specific denial of the allegations of the complaint, and, in addition thereto, a counterclaim was pleaded upon which judgment was asked against plaintiff for the sum of $2,231.77. It was adjudged that neither party recover in the action. The findings of the court were against the plaintiff on all of the issues tendered by his complaint, but in favor of defendant on its counterclaim, except that it was held that the indebtedness of plaintiff to defendant was barred" by the statute of limitations. A statement of the case was settled and used on the hearing of a motion made by plaintiff for a new trial, and this appeal is taken from an order denying said motion, and also from the judgment.

On June 1, 1903, a deed of trust was executed by one J. W. Harvey, conveying to the California Safe Deposit and Trust Company, as trustee, a certain lot of land located at Fourth and Fremont streets, in Los Angeles city. This trust deed was made for the benefit of defendant and as…