Perry

In this action plaintiff sought the foreclosure of a mortgage given by defendants to secure the payment of their promissory note in the sum of $2,400. By answer, defendants admitted the execution and delivery of the note and mortgage, but, as a defense to the cause of action, alleged the same was procured by false and fraudulent representations made by plaintiff and its agents, whereby defendants in reliance thereon were induced to buy from plaintiff certain arid land and right to water for irrigating the same, which right was evidenced by shares of stock in the Beaver County Irrigation Company, a subsidiary of plaintiff, and for the ¡purchase price of which the note and mortgage were given to plaintiff. By a cross-complaint filed they alleged in substance the facts set forth in the answer as a defense to the action, and prayed that the note and mortgage constituting plaintiff’s cause of action be annulled and canceled. The court upon trial of the issues found in accordance with the allegations of defendants’ answer and cross-complaint, and entered judgment thereon in favor of defendants as prayed for, from which plaintiff has appealed.

The forty acres of land sold to defendants…