Altube

The defendants have appealed from a judgment against them upon a promissory note for $2,500, which judgment also decreed a foreclosure of a mortgage given as security therefor.

The only question presented by the appeal is: Was the debt barred by the statute of limitations? (Code Civ. Proc., sec. 337.) The trial court found that it was not barred. The evidence upon which this finding was based was admitted over the objection of defendants, and such evidence is attacked upon this appeal as irrelevant and immaterial and insufficient to support the finding even though properly admitted.

The note and mortgage were executed and delivered to Bernardo Altube, the father of plaintiff, and there is no dispute about the fact that they were distributed to the plaintiff under the decree of distribution in the estate of his said father, and that he was the owner and holder thereof at the time of the trial. The note and mortgage were dated February 1, 1913. On February 1, 1915, the defendants gave to Bernardo Altube their note for $550. It was stipulated that this note was given “for interest,” and the same stipulation was made in regard to a note for $183 given on February 1, 1916, to said…