Dubowsky v. Binggeli

BROWN, J. —

Tbis is an action to set aside tbe release of a deed of trust and to foreclose tbe same. *199The plaintiff had judgment helow for' $602.33, and defendants appeal.

It is alleged in plaintiff’s petition that she loaned $500 to one Christian Binggeli in the year 1897, and* that her brother-in-law, Stephen Ushler, at the same time, loaned to said Binggeli $500. That it was agreed between plaintiff, said Binggeli and Stephen Ushler that said Binggeli would execute to. plaintiff and said Ushler his separate promissory notes for said loans, and secure the same by a deed of trust (in the nature…