Aycock

The plaintiffs had judgment in an action to cancel and set aside a certain deed of conveyance whereby a tract of land described in the complaint, valued at $14,000, was conveyed to the defendants, Edward A. Carr and Louisa F. Carr, in consideration of the assignment by said defendants to the plaintiffs of certain state rights under a pending application for patent. The lands described in the complaint were, by the defendants Carr, conveyed to the defendant Laura E. Rice, the defendant Laura E. Rice not having paid any consideration and having knowledge of the transactions involved in this action. Subsequent to the conveyance of the premises referred to a mortgage in the sum of $3,500 was given by the defendants upon the conveyed lands to an innocent party. Judgment went for the rescission and cancellation of the deed of conveyance, and also for judgment in the sum of $3,500, against the defendants Edward A. Carr and pouisa F. Carr, the sum realized by' them on the mortgage executed as above stated. From this judgment the defendants appeal.

The record shows that this action is based upon an alleged scheme to defraud the plaintiffs and to induce them to part with valuable property,…