V. The defendants admit that on the 10th day of May, 1919, that F. S. Claflin and Ella M. Claflin conveyed all their right, title and interest in and to said property described in the second paragraph of plaintiffs' bill of complaint, T. Williard Ready, subject to the right of the plaintiffs, if any, and in further answer thereto the defendants say that upon delivery of the said deed from the said F. S. Claflin and Ella M. Claflin to the said T. Williard Ready that thereupon the said T. Williard Ready became the absolute owner of all the property described in said second paragraph of plaintiffs' bill of complaint. That prior to the 10th day of May, 1919, and on or about the 11th day of June, 1917, the plaintiffs for a good and valuable consideration then paid and delivered to them by the defendant, sold, transferred, conveyed and assigned to the defendant, T. Williard Ready, all their right, title and interest of the plaintiffs, Francis J. Birney, and Timothy A. Birney, in and to the land contract, a copy of which is set forth in the third paragraph of plaintiffs' bill of complaint.

VI. The defendants answering the sixth paragraph of plaintiffs' bill of complaint, admit that on the 28th day of November, 1919, the said plaintiffs offered to pay the said Ready $500 and the defendant, T. Williard Ready, admits that he refused to accept the same and he did then and there assert that he was the owner of the property and that the plaintiffs had no right therein, all of which is true for the reason set forth in the fifth paragraph of this answer, to-wit: that the plaintiffs had prior to that time sold and assigned all of their interest in said premises described in plaintiffs' bill of complaint and in said land contract to the defendant, T. Williard Ready.

VII. The defendant, T. Williard Ready, answering the seventh paragraph of plaintiffs' bill of complaint, denies that the plaintiff had paid any interest to the said T. Williard Ready. He admits that said plaintiffs have sent him a check which was presumably for interest but that the said T. Williard Ready has never accepted any of said checks purporting to be for interest and has never cashed any at any bank and that no interest was due from the said plaintiffs to the said Ready and that the said defendant, Ready, has so notified the said plaintiffs and he stands ready and willing to deliver to the said plaintiffs all of said checks heretofore mailed to the said Ready.

VIII. Answering the eighth paragraph of plaintiffs' bill of complaint the defendant, T. Williard Ready, says that he admits that on the 26th day of January, 1920, the said plaintiffs tendered to him the sum of $11,512.72 which, together with the $500 before that time tendered amounted to $12,012.72. The defendant, T. Williard Ready, says in answer thereto that he refused to accept the said sum so tendered for the reason that at the time of the said tender and at no time since said tender was made have the said plaintiffs owed the said defendant any sum of money, except such a sum of money as they owe for the rent and uses of the premises described in said plaintiffs' bill of complaint since the time they had been in possession and after the conveyance of their interest to the defendant, T. Williard Ready, as is herein more particularly set forth.

IX. The defendant, T. Williard Ready, admits that on the 26th day of January, 1920, the said plaintiffs demanded a conveyance of the said premises together with a conveyance of the personal property as set forth in the ninth paragraph of plaintiffs' bill of complaint. The defendant says that he refused to make conveyance as requested for the reason that he was under no obligation so to do; for the further reason that he was the absolute owner of all the property described in the second paragraph of plaintiffs' bill of complaint, excepting only a mortgage held thereon by Newman & Snell's State Bank, which mortgage is of record and which was executed by these defendants T. Williard Ready, and Grace Ready. That prior to the time of said demand the plaintiffs had conveyed by good and sufficient instrument of conveyance all their right, title and interest in the said premises, to the defendant, T. Williard Ready, and at the time of the said tender, and of the demand for said deed and bill of sale the said plaintiffs had no right, title and interest in and to said property and were therefore not entitled to the conveyance as demanded.

X. The defendant, T. Williard Ready, denies each and every part of the tenth paragraph of plaintiffs' bill of complaint and in further answer thereto says at the time of the purchase of Claflin's interest in said premises by the defendant, T. Williard Ready, on the 10th day of May, 1919, that the defendant, T. Williard Ready, was the owner of all the interest at any time prior to that time owned by the plaintiffs and that the defendant, T. Williard Ready, purchased said premises in order to acquire all of the title to said premises and that upon the delivery of the deed from the said Claflins to the said T. Williard Ready he thereupon became the owner of the said premises, free and clear of all liens and encumbrances and free and clear from any claim of the plaintiffs. Defendant admits that the property described in plaintiffs' bill of complaint is worth twenty-five thousand dollars and in answer hereto he says that he purchased said property from the said plaintiff upon a valuation of Fifteen thousand dollars and that he paid to the plaintiffs the difference between the amount they then owed to F. S. Claflin and Ella Clafiin on the 10th day of June, 1917, in the sum of Fifteen thousand two hundred dollars, which sum amounted approximately to thirty-five hundred dollars, and that upon the said payment of thirty-five hundred dollars by the said Ready to the said plaintiffs they executed an asignment in writing to the defendant, T. Williard Ready, of all his interest in said premises, but that the said plaintiffs have been informed and understand that the defendant, T. Williard Ready, has lost his copy of the assignment of the said contract set forth in the third paragraph of plaintiffs' bill of complaint, which assignment was signed by both of the plaintiffs and that the said plaintiffs knowing that property had advanced in value from fifteen thousand to twenty-five thousand dollars have intentionally and for the purpose of deceiving and defrauding the defendant of his right in said property, knowingly and intentionally misrepresent the facts as to the assignment so made by them as aforesaid, seeking thereby to cheat and defraud the defendant out of his rights.