Pico v. Cohn

— This is an action by the plaintiff and appellant to compel the reconveyance of certain real property conveyed by.him to the defendant, on the grounds: 1. That the same was conveyed as security for money borrowed; and 2. That the conveyance was procured by fraud.

Preliminary to a discussion of the merits of the case, we are called upon to determine whether the matters presented by the statement on motion for a new trial can be considered. The respondent contends that the statement must be disregarded for the reason that no *385notice of intention to move for a new trial is set out therein or in…