Heiser v. McAlpine

Plaintiff sued on a promissory note given by defendants J. K. and Adelaide MeAlpine to Sophie H. Alexander, and upon the latter’s death distributed by the probate court to plaintiff. Defendants pleaded the bar of the statute of limitations. (Code Civ. Proc., sec. 337, subd. 1.) The cause was tried on a written stipulation of facts, and the trial court held that the action was barred as to Adelaide MeAlpine, but not as to J. K. MeAlpine. Accordingly judgment was entered against the latter for the amount of the principal of the note, plus interest and attorney’s fees; and from said judgment he…