Keim

Plaintiff, the owner of a lot in the city of Pasadena and certain acreage in Tulare County, charges in her complaint that the six defendants therein named “conspired and confederated together with intent to defraud the plaintiff . . . and to fraudulently obtain possession of and title to” her property. She asks for a judgment compelling defendants to reconvey the property to her free of liens and to pay a large sum as damages, both compensatory and punitive. The trial court rendered judgment in plaintiff’s favor as against defendants McCabe and Roether. The judgment is in favor of defendants Landstrom, and plaintiff appeals from this part of the judgment.

The appeal is on the judgment roll alone. From the findings and the admissions contained in the pleadings it appears that plaintiff, an elderly woman, was the aunt of Mrs. Velma Roether, one of the defendants. Defendant McCabe, who later was prosecuted and entered a plea of guilty to a criminal charge growing out of the transaction with which this litigation is concerned, interested defendants Roether in a certain fraudulent promotion referred to in the briefs as “the McCabe deal”. McCabe offered the Roethers $10 to be returned…