of his deceased wife's estate, and that with full knowledge of all the facts he entered into a full and complete settlement with Charles Page of all his right, title and interest in the royalties and accepted therefor certain bonds and preferred stock, served as a director of the company that issued them, and made no complaint until conditions became such that the company was not operating at a substantial profit; that for said consideration and other considerations appellant executed and delivered to Page the release set up in plaintiff's original bill and assigned to Page his interest in the royalties under the oil and gas lease.
The answer as a further defense alleged that when the bonds were executed Page deposited with his surety on said bonds variousto the books and knew nothing about the condition of his wife's estate, but blindly followed the direction of Page, and that Page was in fact the executor while appellant and another were such only in name. He denied that he ever had a settlement with Page, but stated that Page "palmed off" on him certain first mortgage gold bonds on the cotton mill at Sand Springs, Oklahoma, and certain preferred stock in said mill, the face value of same aggregating $100,000, but alleged that they were worthless and known to be worthless by Page; that to cover up his fraud Page without appellant's knowledge furnished the money with which to pay appellant's accruing interest on the bonds, which he discovered after Page's death and was then told