Whitnack

The object of this action is to obtain a decree setting aside and canceling a certain promissory note for $2,500 and the mortgage given to secure the same.

Judgment passed for the plaintiffs, and thereafter, within due time, the defendants Ellworthy and Tracy made a motion for a new trial, which was denied.

This appeal, supported by a record prepared in conformity with the alternative method, is by the defendants, Ell-worthy and Tracy.

In their brief counsel for respondents set forth a correct statement of the general facts of the case, which is herein adopted as follows:

“During the early part of the year, 1921, W. P. Whitnack and his two sons, Bill, or W. H. Whitnack, and Guy Whitnack, each owned land in Canada. W. P. Whitnack, the father, came to Corning, Tehama county, California, and moved upon a tract of land in May, 1921, which he had purchased. The defendant Omer Tracy in the summer and fall of 1921, went to Canada and there became acquainted with the plaintiff, W. H. Whitnack, and during the harvesting season said Tracy assisted in the threshing on W. IT. Whitnack’s place, during which time defendant Tracy and W. H. WTiitnaek became very well acquainted with the lands…