Filipini

Judgment was rendered by the lower court against the appellant, Mary Troboek, and her eodefendant Antonio Troboek, for the foreclosure of a mortgage for $2,000 and interest, executed to the plaintiff by the latter. Mary Troboek appeals from an order denying her motion for new trial.

1. The main question in the case is whether the action was barred, as against her, by the statute of limitations. The facts bearing on this question, as they appear from the pleadings and findings, are as follows: The complaint was filed July 23, 1896. The mortgage and note—which were payable three years after date—were executed December 8, 1886, in the name of Antonio by Nicolas Troboek (husband of appellant), his attorney in fact, who represented to the plaintiff’s trustees and attorney, and induced them to believe, that the money was borrowed for Antonio Troboek, and that he was the owner of the land mortgaged; and the title in fact so appeared from the records in the recorder’s office. But in fact a deed had been made by Antonio to Nicolas Troboek in 1870, though never recorded, and the latter knew of this condition of the title. Nicolas died in 1889. The unrecorded deed was found among his papers…