Fuller

This is an appeal by plaintiffs from a judgment entered on the pleadings on motion of and in favor of defendant.

The action was one to obtain a decree declaring the amount due on certain notes executed by C. H. Fuller to defendant, the payment of which notes was secured by a mortgage on certain lands alleged to have been conveyed by defendant to him, and requiring defendant upon the payment of such amount within the time to be fixed by the decree to deliver up said notes and mortgage with a release of the mortgage executed and acknowledged so that it could be recorded. The plaintiffs other than C. H. Fuller were his partners and interested with him in the transaction, but the. legal title was taken in the name of C. H. Fuller. In all the matters referred to herein, C. H. Fuller acted in his individual name, but for himself and his co-plaintiffs, and they were at all times equally interested with him therein. On November 4, 1907, C. H. Puller executed and delivered to his co-plaintiffs a deed of conveyance, conveying to each an undivided one third of the property.

Defendant’s claim is, that, under the terms of the agreement between the parties, by reason of certain facts alleged…