Stewart

Prior to November 12, 1887, Harriet H: Harding (afterwards the wife of Nathan Powers), and her sister Sarah Harding (afterwards the wife of Aurelius Sharp), each filed pre-emption claims upon certain lands of the United States situate in Contra Costa County, and had applied to the local United States land office to prove up and enter their respective parcels under the pre-emption laws of the United States, and November 15, 1887, was fixed for that purpose. Contests *516 against their several rights to enter all or some part of their several claims had been initiated, whereby it became necessary to employ counsel, and in order to meet this expense and to provide money to pay for their land, the two sisters, then unmarried, borrowed from respondent four hundred dollars, and executed to him their joint and several note therefor, and a mortgage upon all said lands to secure the same, and also to secure such further sums as they might require not exceeding fifteen hundred 'dollars in addition to the sum then borrowed. Final proofs were made on November 15, 1887, but owing to the contests, payment was not made until November 9, 1888, at which date receiver’s receipts were given for the…