HAYS, Justice.
This equitable action, asking for the cancellation of a certain deed and trust agreement covering the real estate in question, is based upon two propositions. (1) Fraud; and (2) Violation of § 10147, Code 1935, § 561.13, Code 1946, I.C.A. The trial court found fraud and canceled the instruments. Defendants have appealed.
Appellees in their brief and argument state: "The instant case, however, does not involve a charge of actual fraud...
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