Harris

Plaintiffs, who are husband and wife, brought this action to recover three thousand six hundred dollars. According to the allegations of the com-, plaint, the plaintiffs, on the fifteenth day of December, 1884, were indebted to defendant in the sum of about $4,374, a balance due upon a promissory note of $8,000 made by them t'o the latter; that on said date, and as security for the payment.of such balance, they executed, acknowledged, and delivered to defendant an absolute deed of certain premises, consisting of ten acres of land, with the improvements thereon, known as the Stockton House, situated near Stockton.

The complaint avers that it was intended by all the parties to the transaction that the deed should be taken as security, etc. It further avers that defendant, in February, 1885, sold the premises for eight thousand dollars, and the action is brought to recover the excess received by him over and above his demand against plaintiffs. The action was commenced August 26,1889.

The answer denies that the deed was executed and delivered as security, and avers that it was an absolute conveyance, in consideration of the indebtedness of plaintiffs to him, amounting to six…