Whitham

Charles S. Whitham, Kate B. Whitham, his wife, and John LeBoy Whitham, his son by a former marriage, held in joint tenancy certain real property situated in San Bernardino County, California. Title to this property was registered in that county in accordance with the Torrens Land Title Law. After the death of Charles S. Whitham, the joint tenancy was terminated and the court decreed the title to be vested in the surviving tenants, Kate B. Whitham and John LeBoy Whitham in joint tenancy. In the present action Kate B. Whitham alleges that relying upon the false and fraudulent representations of John LeBoy Whitham to her that because of certain liens and clouds on the title to the property it was necessary that they execute and acknowledge a deed to the property to a third person who would then reconvey the property to them with a clear title, she executed and acknowledged a deed to the property in accordance with his request. It- is stated this third person then deeded the property to John LeBoy Whitham and 'Sylvia Whitham, his wife. The prayer of her complaint that the deed be canceled and that John LeBoy Whitham and Sylvia Whit-ham, his wife, be adjudged to reconvey her former…