Hough

Plaintiffs brought this action to set aside a deed upon the grounds of undue influence, fraud and nondelivery ; also to quiet title to an undivided two-thirds interest in the property described in the deed. In her answer defendant denied specifically the allegations of the complaint, including those relating to plaintiffs’ claim of ownership in the property, and in this behalf alleged affirmatively that she was the owner in fee of the whole of said real property. The prayer of the answer was that plaintiffs take nothing by their action; that by its decree the court declare defendant to be the owner of said property and that plaintiffs were without right, title, interest or estate therein, and for general relief.

The action was filed in Contra Costa County wherein the property was situate; and the trial was set for 10 o’clock in the forenoon of October 23, 1930, some ten months after the cause was at issue. At the time set defendant, who was a resident of Eureka, was present in court with counsel and some fourteen witnesses ready to proceed with the trial, five of whom were from Eureka and four from Alameda County; but a few minutes before 10 o’clock plaintiffs filed with the…