In February of 1959, a lot was purchased for $2,500 and the deed specified as grantees "Bill A. Hunter and Audry M. Hunter, husband and wife, as joint tenants." During the negotiations for the purchase of the lot an attorney in Bishop represented both plaintiff and defendant, but the defendant testified that he never saw the attorney and that he did not instruct him as to how the deed should be made. The check in payment of the lot was written by plaintiff. On June 7, 1960, this land was sold to defendant's parents, who mailed a check for $3,000 payable to defendant only. The check was never cashed and the defendant returned it to his parents. His father later tore it up.