McCray

Plaintiffs appeal from a judgment in favor of defendants in an action to cancel and set aside a trust deed. ■ The trial court accepted the theory of the defense and found, in effect, that appellant Wilford J. McCray and respondent W. W. Reese [who died prior to the trial of the cause] were associated together in mining ventures. McCray, in the early part of 1924, sought to borrow $5,000 from the respondents Reese, representing that unless he could secure that amount he and certain other persons were liable to be criminally prosecuted. Learning that the Reeses did not have sufficient funds to make the loan, McCray- stated that he could raise the $5,000 provided sufficient security was given, and requested the respondents Reese to deed to him a quarter-section of land in Kern County owned by them. The Reeses accordingly executed a warranty deed to McCray, who thereafter obtained a loan of $5,000, giving as security therefor a mortgage on the Kern County prop erty. He agreed with the respondents to pay the interest and principal of the note and to protect their property from foreclosure. Subsequently, McCray and his wife, appellant Anna McCray, reconveyed the property to Mrs. Reese…