Nason

Plaintiffs appeal from an order of the superior court of San Joaquin County, in which court the action was commenced, changing the place of trial to the county of Sacramento.

It is the contention of appellants that “the purpose of the action is to bring about the rescission of a contract and secure the cancellation of a note and deed of trust given by plaintiffs, appellants, to Henry Feldhusen and A. M. Mull az trustees for California Guaranty Life and Accident Insurance Company. The real estate involved is situated in the county of San Joaquin. Appellants have at all times resided in the county of San Joaquin, and the contract was entered into there.

The position of respondents is that “the gist of the action is fraud. Such an action is a personal or transitory action and the defendants are entitled to have it tried in the county in which they or some of them reside.”

In addition to the defendants above named, twenty individuals, who at different times had been directors of the defendant corporation, the Insurance Company, were joined as defendants. None of the individual defendants resided in the county of San Joaquin and the greater portion of them resided in Sacramento…