Bacigalupi

Action to foreclose a mortgage.

The defendants in their answer admit the execution of the note and mortgage, but deny that there was any consideration therefor, and aver fraud in the procurement thereof.

The facts constituting the fraud complained of are substantially alleged as follows: That prior to the execution of the note and mortgage plaintiff held the legal title to certain mining property theretofore conveyed to him in trust by the defendants; that upon repeated demands being made upon him by the defendants for a reconveyance of said property, plaintiff, in violation of his trust, refused to do so, unless the defendants acceded to certain demands made upon them by him, among which was the execution of the note and mortgage in question; that in making these demands plaintiff, with intent to deceive and defraud the defendants of their said property, falsely and fraudulently represented to them that the title thereto was vested absolutely in him, and that he could not be legally compelled to reconvey it; that defendants relying upon these representations, which they believed to be true, and being in fear of losing their property unless they yielded to his demands, although…