Nixon

This is an appeal by plaintiff from a judgment made and entered after demurrer to the complaint sustained without leave to amend.

. The action was brought by the plaintiff to recover judgment against defendant, as executrix of the last will and testament of H. Ramsey, deceased, on three promissory notes made, executed, and delivered by said H. Ramsey, during his lifetime, to the First National Bank of Winnemucea, Nevada, and by said bank indorsed, signed, and delivered to the plaintiff herein.

The notes were dated respectively November 20, 1909, December 31, 1909, and July 10, 1912, and, being executed out of the state of California, were barred by the statute of limitations when the complaint was filed, September 6, 1916. (Sec. 339, Code of Civil Procedure, subd. 1, as said section provided prior to the amendment of 1917, [Stats. 1917, p. 299].)

On or about the tenth day of December, 1914, plaintiff, by and through her duly authorized agent, one M. D. Fairchild, demanded of said H. Ramsey payment of said notes. The demand was in writing and was as follows:

Thereafter, and on the fourteenth day of January, 1915, the said H. Ramsey, in writing, and upon the face of the…