Naylor

The plaintiff commenced an action against the defendants to recover a judgment for damages for alleged fraud perpetrated on her in an exchange for her equity in property located in Oakland for trust deeds on properties located in Los Angeles. Defendants answered and a trial was had in the trial court before the court sitting with a jury. At the end of the plaintiff’s case the court granted a motion for a nonsuit. The plaintiff has appealed and has perfected a record as to D. L. Peters and El Merrie Del Corporation, two of the defendants.

In her complaint the plaintiff alleged that the defendants conspired to defraud her of her property. Continuing she alleged that the conspiracy consisted of an agreement by which the defendants sought to obtain title to the equity of the plaintiff which was of a value of about $51,000, by exchanging therefor second trust deeds on 300 lots owned by the defendant corporation; that in endeavoring to carry out said conspiracy the defendants represented to the plaintiff that they would transfer to the plaintiff second trust deeds securing six promissory notes in the total sum of $90,000; that the notes were of great value and that the defendants could…