Ekmann

The question presented by this appeal is whether a mortgagor, by waiving or extending the bar of the statute of limitations, can affect the rights of a junior holder of a trust deed, which has no knowledge of and does not consent to the agreement of waiver entered into between the senior mortgagee and mortgagor.

On October 6, 1921, George W. McMillan and Mary E. McMillan, Ms wife, being the owners of the real property in suit, acknowledged two deeds wherein said McMillan and wife were grantors and J. C. Boyle was grantee. Said deeds were not delivered or recorded until October 23, 1925, and appellant did not have actual notice of their existence until after she commenced her action to foreclose her first mortgage lien. On July 17, 1923, McMillan and wife executed a promissory note in the principal sum of $2,500, payable one year from date, to Isabella Ekmann. On the same day the McMillans executed a mortgage to secure the payment of said note, which was recorded on September 29, 1923.

On January 4, 1928, said J. C. Boyle and Rae E. Boyle, his wife, being indebted to respondent Plumas County Bank in -the sum of $2,750, as evidenced by a promissory note dated October 5, 1927, and…