Hunter

Plaintiffs sued and obtained judgment on a promissory note executed in their favor by the defendant in the principal sum of twelve thousand and fifty dollars. Defendant appeals from the judgment and the order denying her motion for a new trial.

There was no denial that the note was executed, but the defendant in her answer denied consideration. It is also alleged in the answer that in December, 1904, plaintiffs and defendant entered into a contract whereby the latter agreed to buy a piece of real property in the state of Washington; that the note was executed and delivered with the understanding that the plaintiffs would execute and deliver to defendant a deed to this property; and that no such deed was ever delivered.

At the trial it appeared that there were negotiations between the parties for the purchase and sale of the property in Washington. The plaintiffs considered the land worth fourteen thousand dollars. Upon it was a mortgage of two thousand dollars. Defendant agreed to take the property, provided the plaintiffs would raise seven thousand dollars on a mortgage. This was done and with the proceeds the mortgage of two thousand dollars was satisfied. The remaining sum of…