Thomas v. Gann

This is an action in equity to cancel a certain promissory note and deed of trust executed and delivered by plaintiffs to defendant Gann. The petition alleges,that the note (the payment of which was secured by the trust deed) was without *82consideration and procured by fraud. The answer is a general denial. The record discloses that at a term of court prior to that at which the cause was tried, the parties appeared in court in response to a motion filed by plaintiffs and agreed that plaintiffs might deposit with the cleric a sum of money equal to that due on the note, that a judgment should be…