Lloyd

Suit to foreclose a mortgage executed by appellants to “Rudolph Hochkofler, trustee of the creditors of D. Ghirardelli, bankrupt,” on the sixth day of April, 1883, to secure their promissory note of that date for the sum of seventeen thousand nine hundred and sixty-one dollars and twenty-five' cents, payable to the order of said Hochkofler, as such trustee,, one year after the date thereof, with interest at seven per cent, per annum.

The action was dismissed as to the other defendants not above-named. The plaintiff had judgment, and defendants appeal, therefrom and also from an order refusing a new trial.

The complaint upon which the cause was tried purports to be an “amended and supplemental complaint,” and no other appears. *350 in the transcript. To this complaint the defendants demurred: T. That it did not state'facts sufficient to constitute a cause of action; and 2. That said cause, of action is barred by the provisions of section 337 of the Code of Civil Procedure. The demurrer was overruled and the defendants answered, but did not by their answer plead any statute of limitations, and as there was no issue there was no finding upon that question.

The amended and…