Hunter

— This is an appeal from a judgment in favor of the plaintiffs quieting their title in and to certain real property in the county of Santa Clara and cancelling a promissory note and a trust deed on the property.

The amended complaint proceeds on three causes of action: (1) a cause of action to quiet title in the usual form; (2) a cause of action on the ground that there was no consideration for the note and trust deed; and (3) a cause of action based on the oral agreement that the note and deed of trust were to be cancelled if F. A. Hunter predeceased the plaintiffs. The answer admitted the ownership and possession of the property by the plaintiffs but asserted the validity and effectiveness of the note and trust deed.

The plaintiffs C. E. Hunter and Maud M. Hunter are husband and wife. F. A. Hunter was the father of the plaintiff C. E. Hunter. The defendant Lydia Hunter is the mother of the plaintiff C. E. Hunter. The defendant Grandin H. Miller was named as the trustee in the deed of trust ordered cancelled by the judgment. During the events out of which this controversy arose the elder Hunter was living. At the beginning of those events the younger Hunter and his wife were…