Wheeler

ondents Stanley F. Wheeler and wife Franeine E. Wheeler brought this action against defendants Howard V. Smith, et al, and defendant-appellant Kenneth Trefftzs for damages for fraud, declaratory relief and cancellation of a grant deed and to quiet title. They allege that they were the owners, as joint tenants, of 240 acres in Bar stow; that they were acquainted with defendant Smith, a broker, prior to 1957; that about March 5, 1957, Smith came to their ranch and fraudulently represented that he would purchase a one-half interest in their ranch and would assist in refinancing them to save their entire ranch; that accordingly, after considerable negotiations, and by his fraud, there was deeded to him said undivided one-half interest; that Smith never paid them the amount agreed upon; that Smith recorded the deed on December 8, 1958; that on October 14, 1959, they discovered that Smith had added an additional undivided one-half interest in 40 acres belonging to them in the deed; that Smith conspired with other defendants to have plaintiffs sign a trust deed for $12,000 on the whole 280 acres valued at $150,000. Cancellation of the grant deed, deed of trust and damages are…