Ebel

This action was brought to recover the sum of $2,914, for money alleged to have been laid out and expended by plaintiffs for and on behalf of defendant, at the defendant’s special instance and request, and which he promised to repay to plaintiffs.

A demurrer was interposed to the-complaint, which was properly overruled, and thereupon defendant answered by a general denial. Plaintiffs had judgment, and defendant appeals from the judgment and the order denying his motion for a new trial.

The facts are, substantially, as follows: On December 29, 1884, plaintiffs purchased of defendant certain land, and received from him a grant deed therefor. The land was at the time encumbered by a mortgage, executed by the defendant to one Margaret Poorman, which he agreed with plaintiffs to pay and discharge. This he failed to do, and the mortgage, which embraced other lands belonging to the defendant in the city and county of Sacramento, was subsequently foreclosed in an action brought by the mortgagee against the defendant, and upon the decree of foreclosure therein rendered, an order of sale was duly issued, and the land advertised to be sold on the twenty-sixth day of November, 1887.

The…