Bastajian V. Brown

CARTER, J. This action was commenced by plaintiff, Blanche H. Comstock, against defendants to quiet title to real property based on the claim that two trust deeds thereon and a conveyance thereof to defendants were obtained by fraud and undue influence and that the consideration was inadequate. Defendants' theory of defense was, that the trust deeds held by them and encumbering the property were valid, and that the conveyance of the property was made to them in consideration of the satisfaction of the trust deeds and the payment of a small sum of money. The case was tried and submitted to the court for decision, and on May 14, 1936, the following minute entry was made: "395524. Blanche H. Comstock v. James E. Brown, et al. Cause heretofore tried and submitted, the court now orders judgment for defendants." A year expired during which time no findings of fact and conclusions of law were submitted to the court. On about May 11, 1937, findings of fact and conclusions of law and a judgment prepared by C. P. Von Herzen, one of plaintiff's attorneys, were filed by him with the clerk to be presented to the judge; they were signed by the judge and filed on June 4, 1937. That judgment determined that