Gibbs

The defendants have appealed from a judgment foreclosing a mortgage given by them to Wm. G. McAdoo and R. T. Colter, and assigned to the plaintiff. This mortgage was given as a part of the transaction described in the case of Wooten v. McAdoo, 110 Cal. App. 48 [ 293 Pac. 694 ]. The appellants owned a small lot (25x50 feet) in Huntington Beach, which they leased to McAdoo and Colter in connection with a similar lease of another lot of the same size owned by other parties, for the purpose of drilling for oil on the two lots thus leased, by means of power furnished and brought from a plant used in drilling and operating another well, which throughout the proceedings-is called the “first well”, which was located across the street from the property owned by appellants and which was controlled by the lessees. At the time these leases were made, the lot owned by the appellants was encumbered by a mortgage for $2,500, and, by agreement of the parties, Mc-Adoo and Colter paid off this ’$2,500 and in lieu thereof the appellants executed and delivered to them the mortgage here in question. Under the lease referred to, as a part of the rental, the appellants were to have one per cent of the…