Brush

This is an action to quiet title. Judgment was entered in favor of the plaintiffs and defendant Blue Diamond Company has appealed. The following statement of facts is taken substantially from the appellant’s opening brief:

Bespondents were originally the equitable owners of the premises, “having purchased them on contract from G-. Allen Hancock.’’ Thereafter the respondents “assigned said contract of sale to Seth Cheesman,” to whom Hancock conveyed the premises. “Cheesman then put a first mort gage of $10,000 upon the premises ... to aid the financing of a dwelling thereon.” The consideration for the assignment by respondents to Cheesman was the sum of $3,250, to secure the payment of which Cheesman executed a deed of trust, conveying the premises to a trustee, which instrument contained the following: “This deed of trust is second and subject to a mortgage filed concurrently herewith, in amount of $10,000.” Cheesman informed the respondents “that he was buying the lot to build a flat on, and that he was borrowing $10,000 for the purpose of building this flat.” Cheesman did not let a contract for the erection of the building, but built it himself. The appellant furnished…