Bryson

Carrie E. Gaunter, now deceased, brought this action for the purpose of annulling a deed and an assignment of a contract to purchase, covering certain property in Los Angeles, California, on the grounds of fraud and forgery of deed and assignment, also to annul a deed to defendant and appellant herein, covering 160 acres of land in Hale County, Texas, on the grounds of fraud and lack of consideration.

The action was brought against A. F. Luse, W. T. Blalock, Jennie M. Blalock and Rae L. Everest. The court made elaborate findings of fact and conclusions of law, and entered judgment against all the defendants other than Luse as to the Los Angeles County property and against A. F. Luse as to the property in Texas.

We are concerned on this appeal only with the appeal of the appellant Luse from the judgment affecting him as to the property in Texas. All the defendants filed notices of appeal, but Luse appealed separately from the judgment as to him, and the appeal of the other defendants, apparently, has never been presented. The plaintiff died pending this appeal and Frank Bryson, administrator of her estate, has been substituted as plaintiff and respondent, in her place. The…