George Wesley Stone and Hildegarde Stone v. Jack W. S. Farnell, and Elisabeth Patee Farnell

BARNES, Circuit Judge.

This is an appeal from a judgment entered for plaintiffs in an action based on fraud in the sale of residential real property. The District Court, sitting without a jury, awarded plaintiffs $15,000 in damages, ordered the cancellation of a second deed of trust on the property, and denied the defendants recovery on their counterclaim for “foreclosure, as a mortgage, of said deed of trust.” Jurisdiction is grounded on diversity of citizenship, 28 U.S.C.A. § 1332(a).

This litigation arose out of the sale by appellants, Mr. and Mrs. Stone (herein sometimes called vendor’s),…