Lucas

On the trial of this case, the defendant in the Court below objected to the offer of the promissory note in evidence, because *127 it appeared- from the testimony that the consideration of the note was contrary to public policy and morality, and specially that it was barratrous; and because it also appeared that the note itself had not been assigned to the plaintiff before the commencement of the action; and as the plaintiff was not the legal owner thereof, he could not maintain the action. The defendant also moved for a nonsuit upon, substantially, the same grounds. Both his objections and motion were overruled by the Court, and he brings the case here on appeal for review.

The note which forms the subject-matter of controversy in the case is in the following words and figures:

This note was given under the following circumstances: Juan de Toro, a searcher of records, while examining the records of deeds in the Recorder’s office in Los Angeles County, discovered that two patents had been granted to the City of Los Angeles for city lands, and that there was a person in the adverse possession of a tract of those lands, the title to which, under one of the patents, was outstanding…