1. Deceit — False Representations.

To induce plaintiff to make an exchange of lands, defendant stated that the tract owned by him contained about 560 acres, mortgaged for $3,000, was worth $32 an acre; that 80 acres were fenced, 160 planted, and 240 cleared; and to prevent inspection of the land assured plaintiff’s husband that the representations could be relied on, and introduced a person, represented as a wealthy banker, as one who was disinterested, and knew all about the land. Such person repeated the representations, and plaintiff’s husband executed a contract of exchange. Plaintiff, desiring an op-porlunity to determino the quality and condition of the land before executing a deed, was dissuaded therefrom by defendant’s repetition of the representations, and statements that examination was unnecessary, that the transaction must be closed at once, and threats of legal proceedings; and thereupon the deeds were executed. In fact, the land was wild, rocky, and unfit for cultivation, mortgaged for $100, worth bnt $5 per acre, no' part was cleared, cultivated, or planted except about four acres, and no part was fenced. Held, that these facts constituted a canse of action for damages for false representations.

S, Appealable Orders — ItuLiNtí on Motion to Dismiss.

The circuit court of appeals will review a decision of the circuit court denying a. motion to dismiss an action on the ground that it abated by the death of the original plaintiff, where such motion involves the jurisdiction of the court over the parties to the action.

8, SuRvival on Actions — 'Action pots Deceit.

Under Civil Code Cal. §§ 95⅜ 954, defining a thing in action, and providing that, when arising out of a right of property, on the death of the owner it passes to his personal representatives, a cause of action for damages by reason of false representations as to the value of land, whereby one is induced to part with Ms land in exchange, will survive.