Ekmann v. Plumas County Bank

The question presented by this appeal is whether a mortgagor, by waiving or extending the bar of the statute of limitations, can affect the rights of a junior holder of a trust deed, which has no knowledge of and does not consent to the agreement of waiver entered into between the senior mortgagee and mortgagor.

On October 6, 1921, George W. McMillan and Mary E. McMillan, Ms wife, being the owners of the real property in suit, acknowledged two deeds wherein said McMillan and wife were grantors and J. C. Boyle was grantee. Said deeds were not delivered or recorded until October 23, 1925, and…