Colver

According to the prayer of the complaint herein the purpose of plaintiffs in bringing suit against the defendant was to procure a decree of court that the defendant held certain real property in trust for plaintiffs; that plaintiffs’ title to said property be quieted, and that an accounting be had as to certain moneys alleged to have been paid by plaintiffs to the defendant on account of an indebtedness owing by plaintiffs to the defendant, the payment of which indebtedness being secured by a trust deed or trust deeds to the property involved.

In substance the allegations of the complaint as amended at the trial were that Kate Colver, one of the plaintiffs, who was eighty-one years of age and the mother of Fred Colver (the other plaintiff), was the owner of two city lots, upon one of which were located three cottages, and that she was desirous of building an apartment house upon the other of such lots; that formerly she and her husband were socially, politically and religiously associated with W. B. Scarborough and looked upon him as their friend and confidential adviser; that plaintiffs consulted with him regarding the proposed construction of said apartment house, and that they…