McDougall

This is a quiet title action in which the plaintiff-appellant was denied relief because of his prior unconscionable conduct.

Appellant, a concrete contractor in Mill Valley, California and the respondent, a bookkeeper and secretary by occupation, were good friends for many years. In July, 1947, appellant, told respondent that he owed a lot of bills around the town of San Rafael which amounted to • approximately $3,000. The Bank of America would not loan him any money so he wanted to borrow the money from respondent. She was willing to loan him that amount if she was given some security. As a result he agreed to give her a deed of trust on his property located at 32 Reed Street.

Later on in the same month appellant informed respondent that his property had been attached by Rose Dietz, one of his creditors, and he needed $625 immediately to pay her. Appellant explained he needed the money to clear the title to his property in order that he might be able to give her a deed of trust.

A promissory note with the appellant’s signature acknowledged on the back by a notary public and dated September 3, 1947, was given to respondent on or about September 11. The note was for the amount…