Phelan

This is an action to quiet title to certain lands in Santa Clara County. Judgment went for plaintiff, and defendant appeals from the judgment upon the judgment roll and a bill of exceptions.

The lands in contest were conveyed by deed to plaintiff by defendant in November, 1881. From that time until the commencement of this action, September 29, 1887, plaintiff has been in possession of the premises. The main issue in the case is this: Defendant claims that when she made the deed, in November, 1881, the plaintiff held mortgages against the property for large amounts, some of which had been foreclosed, with an order of sale issued and a sale advertised; that plaintiff used his relation of mortgagee and the power of his mortgages to force her to sell her equity of redemption; that she was poor and unable to raise the necessary redemption money, and that plaintiff took advantage of these circumstances to *367 compel her to sell for an inadequate consideration; that under this stress she did sell for an inadequate consideration, and that therefore the sale was void.

We do not see that there is any important question of law really involved in this case. Admitting that all the…