Thatch v. Livingston

McCOMB, J., pro tem.

This is an appeal by defendants from a judgment in favor of plaintiff after a trial before the court without a jury.

The conceded facts are:

July 29,1931, plaintiff, the grandmother of defendant Ruth Livingston, loaned to defendants the sum of $2,400 secured by a note and trust deed executed by defendants and naming plaintiff and defendant Ruth Livingston as the payees of the note and beneficiaries under the trust deed. Plaintiff filed this action to quiet title to the promissory note and trust deed, alleging that defendants misrepresented certain facts at the time of the…