Tannahill

Plaintiff alleges that he was induced to make deeds, with grantee’s name in blank, to properties described in this action and that the deeds were placed in escrow with one Mollie L. Ramey; that the name of Mollie L. Ramey was later written in as grantee and then erased and the name of F. S. Greening written instead, all without his authority or consent. The defendants admit the filling in of grantee’s name in the deeds, but allege that both plaintiff and his wife were present and consented to the insertion of the name of F. S. Greening as grantee. Bill of exceptions does not show either presence of plaintiff or consent in writing.

The defendants also allege that plaintiff later signed an agreement to transfer a certificate of water stock running with the land described in said deeds. Defendants further allege that plaintiff, after expressing dissatisfaction with aforesaid deal, accepted in full settlement of all claims against all defendants conveyance to him of certain properties in Canada, California, and New Mexico.

This court is compelled to rely upon the copies of pleadings, findings, judgment of the court, and bill of exceptions shown in the transcript for all statements…