Shrives v. Talbot

This action is one of foreclosure of a real estate mortgage executed to secure payment of a promissory note. Defendants filed an amended answer and counterclaim seeking, on the basis of fraudulent statements alleged to have been made to them by respondents, a rescission of their agreement with plaintiffs, cancellation of the note and mortgage, return of certain real property conveyed by defendants to plaintiffs, or its money equivalent, and for *220certain damages for loss of crops, plus the value of improvements made by appellants.

In the amended answer and counterclaim of the defendants, the…