Enoch

This action as filed, was against respondent Doris Lothrop, respondent’s mother Lena Borman (Borman) and some Does as defendants, for damages. The complaint alleged among other things that respondent consented to and did on April 3, 1962, accept as a gift, with intent to defraud appellants, a written assignment of a promissory note and deed of trust from Borman, who had prior thereto, to wit: on March 13, 1962, entered into a written contract with appellants wherein it was provided that the note would be satisfied in a manner entirely different from the terms set out on the face of the note.

Respondent moved for summary judgment. The motion was granted. The appeal is from the summary judgment.

There is no evidence in the record to show that respondent knew of Borman’s contract of March 13 with appellants. It is also clear that appellants did not know of the assignment from mother to daughter until on or about August 15, 1962.

The affidavits filed by respondent in support of her motion for summary judgment disclosed the following uncontradicted facts:

The note and trust deed originally dated August 10, 1961, were, as indicated above, gratuitously assigned to respondent on April…