Dexter v. Pierson

We granted a rehearing in this cause to give further consideration to the contention of respondent that she could, as a subsequent purchaser, invoke the statute of limitations as a defense to a foreclosure action, notwithstanding an express covenant by the mortgagor of the premises inserted in the mortgage that such plea was perpetually waived. She cites a long line of cases, beginning with Lord v. Morris, 18 Cal. 482, and ending with Foster v. Butler, 164 Cal. 623, 627 [130 Pac. 6],

The substance of these holdings is that the mortgagor cannot, by waiving the bar of the statute, affect the…