Perkins

— This action was brought upon a promissory note made in his lifetime by John Onyett, deceased, and upon a mortgage to secure it, executed by said John and his wife, Amy Onyett, on premises which constituted their homestead, the homestead being on community property. The defendants are S. B. Onyett, executor of the estate of said John, deceased, the said Amy, his widow, and Jenkin Morgan, who claims an interest in the mortgaged premises. The answer of the executor and said Amy sets up several defenses, such as payment, the statute of limitations, etc., and denies that there was ever any legal presentation of either the note or the mortgage to the executor within the time prescribed by law. The trial court gave judgment for plaintiffs upon both the note and mortgage, and the executor and said Amy.appeal from the judgment, upon the judgment roll, with several bills of exceptions. The court finds, among other things, that the only presentation of plaintiff’s claim that was made to the executor within the time prescribed by law was a presentation of the note alone, without any reference whatever to the mortgage, and that the only affidavit by which said claim was supported was as…