Altube v. Aguirre

The defendants have appealed from a judgment against them upon a promissory note for $2,500, which judgment also decreed a foreclosure of a mortgage given as security therefor.

The only question presented by the appeal is: Was the debt barred by the statute of limitations? (Code Civ. Proc., sec. 337.) The trial court found that it was not barred. The evidence upon which this finding was based was admitted over the objection of defendants, and such evidence is attacked upon this appeal as irrelevant and immaterial and insufficient to support the finding even though properly admitted.

The note…