Thompson

Defendants moved to change the place of trial from the county of Tulare to the county of Fresno, on account of the convenience of witnesses, and this appeal is from an order denying said motion.

The action is to foreclose a mortgage upon lands, a part of which are in Tulare, and a part in Fresno County. Defendants answered presenting material issues of fact. The affidavit upon which the motion is based was made by defendant Brandt, aiid shows that defendants’ evidence consists of records and files in the court-house at Fresno, including the testimony of a deceased witness, whose name is given, and the testimony of two other witnesses, bankers in Fresno, whose names are also given, that defendants have but one witness in the county of Tulare, and that it is as convenient for said witness to go to Fresno as it would be to go to Visalia. The statement of facts expected to be proved by the two living witnesses at Fresno' is sufficient, as is also the affidavit of merits as supplemented by the affidavit of Justin Jacobs. The plaintiff also lives in Fresno.

In plaintiff’s affidavit in reply he says he brought the action in Tulare County because his counsel lived there, denies the…