Campan

On July 11, 1896, the defendant, J. M. Molle, held an agreement for the purchase of a parcel of land from the owner thereof for the sum of three hundred and fifty dollars, and at his request plaintiff on that date loaned to the defendants the said sum of money, for which they executed to him their promissory note, and afterward applied the money in pa3rment of the balance due on the agreement, and obtained the legal title to the land. The plaintiff alleges, “upon information and beliefj” that the defendants promised him that if he would advance the said money they would secure him in its paxuuent by giving him a mortgage upon the land when they should obtain the legal title thereto; and alleges that after they had obtained the legal title they refused to execute said mortgage. Subsequently, the plaintiff brought an action upon the note, and, on the 29th of March, 3897, obtained judgment against the defendants and each of them for its amount. Prior thereto, viz., January 18, 1897, Molle had filed a declaration 'of homestead upon the premises. The plaintiff seeks by this action a judgment setting aside and canceling this declaration of homestead as void, and that the land he applied…