Austin v. Dunn

— This action was begun by appellant as an equitable action for the foreclosure of a mortgage.

By their cross-complaint, respondents alleged that the land sold to them was represented to contain twenty-four and one-half acres and that the purchase price was five hundred dollars per acre, asked that the action be dismissed, that the note and mortgage be held to have been fully paid, that the cloud of the mortgage be removed from the title of respondents to the land, and that they recover from appellant the sum overpaid. These allegations of respondents were denied by appellant.

In November,…