Kinard

In this action the plaintiffs sought to set aside a sale of certain real property alleged to have been made by John C. Scott and Agnes Kaelin, trustees designated in a deed of trust, conveying the property in question, and executed by plaintiffs for the benefit of the defendant Joseph R. Kaelin, and as security for the payment of a promissory note executed to him by the plaintiffs in the sum of seven thousand dollars.

Plaintiffs’ complaint alleged that contemporaneously with the execution of the promissory note and deed of trust the plaintiffs and the defendant, Joseph B. Kaelin, entered into a building and loan agreement which, after reciting the execution of the promissory note and deed of trust, and declaring that the loan had been negotiated for the purposé of completing the payments and extinguishing certain liens due and existing upon a dwelling-house then in course of construction by plaintiffs upon the lot of land covered by the deed of trust, provided that of the seven thousand dollars borrowed from the defendant, Joseph B. Kaelin, the sum of $4,516, which was sufficient to discharge the existing liens, should be forthwith furnishéd to the plaintiffs, and that the…