Peres

— In the year 1852 Jose Noriega and Robert Livermore were the owners, in equal moieties, as tenants in common, of two separate ranchos — “Los Positas” and “Canada de los Yacqueros.” In that year, Livermore conveyed all his interest in the two ranchos to his wife and children, by deed absolute, which was duly recorded. In the following year, and whilst Noriega was ignorant of the conveyance from Livermore to his wife and children, an agreement was made between Noriega and Livermore, whereby the former agreed to convey to the latter all his' interest in the Positas rancho, in consideration of a conveyance by the latter to the former of all his interest in the Yacqueros rancho, and the payment of a sum of money. In other words, the interest of Noriega in the “Positas” was exchanged for the interest of Livermore in the “Vaequeros,” together with a sum of money to be paid by Livermore. The contract for the exchange was consummated by mutual conveyances and the payment of the stipulated sum by Livermore. But Livermore had already conveyed all his interest in the “Yacqueros” rancho to his wife and children, of which fact Noriega was- ignorant; so that the deed from Livermore to Noriega…