Phillips

These are actions to foreclose two certain mortgages. Judgments in favor of the plaintiff were rendered in the trial court, but the court declined to include in said judgments a certain amount claimed on account of advances made by plaintiff for taxes, street assessments, insurance, and the like due upon the mortgaged premises. Defendant’s appeal is from the judgments and from an order denying her motion for a new trial. Plaintiff appeals from that part of the judgments which is unfavorable to his claim for advances.

The whole controversy with respect to defendant’s appeal has reference to the alleged bar of the statute of limitations. On November 20, 1888, Jane M. Phillips and Charles M. Phillips, her husband, executed a note in favor of plaintiff, Thomas W. Phillips, a brother of said Charles, for five thousand dollars secured by a mortgage on certain realty in Los Angeles County described as “lots numbered ten (10), eleven (11) and the south half of lot seven (7), all in block ‘P’ San Pasqual Tract, lands of the Lake Vineyard Land and Water Association, as per map of said San Pasqual Tract as the same is recorded in book 3, page 315, miscellaneous records of Los Angeles…