Kimball

The complaint alleges that on February 25, 1882, the plaintiffs and the defendants Warren C. Kim-ball and Moses A. Luce, and James S. Gordon, since deceased, executed their promissory note for $10,000, payable to the order of the Consolidated Bank of San Diego six months after date, with interest, and that said bank afterward indorsed said note to Bryant Howard; that plaintiff Ella S. Rogers signed said note at the request and for the accommodation of said Kimball, Luce and Gordon; that on February 27,. 1882, plaintiff Thomas L. Rogers conveyed and caused to be conveyed to said Kimball, Luce and Gordon a one-fifth interest in and to a certain concession made by the Mexican government of the right to construct a railroad to be known as the “Sonora and Baja California Railroad,” and that in consideration of said conveyance said Kimball, Luce and Gordon executed and delivered an agreement in writing, of which the following is a copy: “We, the undersigned, for and in consideration of a conveyance to us, of even date herewith, of a one-fifth interest in and to the concession by the government of Mexico of the right to construct a railroad to be known as the 'Sonora and Baja California…