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LORTZ v. SWARTFAGER

Docket No. 20985.

221 Cal.App.2d 333 (1963)

34 Cal. Rptr. 436

M.E. LORTZ et al, Plaintiffs and Appellants, v. BRYCE SWARTFAGER et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

October 18, 1963.

Attorney(s) appearing for the Case

McKenzie, Arata & Murphy and Gordon McKenzie for Plaintiffs and Appellants.

Lounibos & Lounibos and Leroy J. Lounibos for Defendants and Respondents.

DRAPER, P.J.

Plaintiff appeals from judgment for defendant in this action for cancellation of instruments.

[1a] In April 1958, plaintiff sought loans from defendant Swartfager and Frank Stevenson. He deeded to Swartfager property owned by plaintiff in Kansas, and thereafter received some $1,300 in loans. [2a] In July, an agreement was executed by which: Swartfager acknowledged that the deed to him was given as security only; he and...

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