Troy

J.—On March 20, 1922, the plaintiff was awarded a judgment against the defendant for $17,000, with interest at six and one-half per cent per annum from the first day of January, 1916. The defendant appealed. The judgment was affirmed. (Troy v. Troy, 72 Cal. App. 757 [ 238 Pac. 143 ].) The remittitur issued and was filed in the county clerk’s office July 27, 1925. Thereafter, on September 8, 1925, the defendant paid $27,587 on the judgment. When he made that payment the plaintiff’s attorneys delivered to him a receipt in words and figures as follows, to wit:

Thereafter on September 10, 1925, the plaintiff applied for an execution in the sum of $2,010.72. The application was heard on October 16, 1925. The plaintiff introduced evidence both oral and documentary. The defendant was called as a witness and was examined and cross-examined. On his direct examination the defendant testified that he applied to the Hibernia Savings Bank for a loan of $10,000 to assist him in paying off the judgment. That loan was not consummated until September 8, 1925, when interest commenced to run on said loan. However, he testified also that he had cash and credit sufficient to enable him to pay the…