Weldon

This is an action to quiet title, whereby plaintiff sought to obtain a decree for the cancellation of a deed executed by plaintiff’s predecessors in interest, purporting to convey to defendant E. W. Lawrence certain real property situate in the city of San Luis Obispo; also to declare plaintiff to be the owner and entitled to the possession of the premises described in said deed and to quiet his title thereto against all claims asserted by the defendants under said deed or under a contract of sale executed simultaneously with said deed; also for damages in the sum of $200 for the alleged unlawful detention of said premises. The judgment was that plaintiff take nothing by his action and that defendants recover their costs. Plaintiff appeals.

The following facts appear from the record: Dio Sherwin and his wife, Irene Sherwin, were formerly the owners of said property, which was subject to a bank mortgage of $3,500. On May 16, 1922, they entered into a contract of purchase and sale with defendant E. W. Lawrence, whereby they agreed to sell said property to Lawrence for the sum of $5,500. Payment of the sum of $500 was made at the time the contract was signed, and the purchaser…