Russell

Plaintiff brought the action for the purpose of having declared null and void a certain agreement between plaintiff and defendant, John W. Hawxhurst, and for restoration to him of the possession of the real property described therein. Practically, the action is in ejectment. The trial was before the court, sitting without a jury. Judgment was in favor of plaintiff, from which judgment defendants prosecute this appeal.

The agreement in question was dated June 20, 1912. By its terms the party of the first part (plaintiff) agreed to sell and convey to the party of the second part (defendant John W. Hawxhurst) and the second party agreed to buy 640 acres of land in Siskiyou County, “horses, cattle, farm tools and implements and a 320-ineh water right.” Two hundred dollars was paid the party of the first part on the execution of the agreement; eight hundred dollars and a mortgage of two thousand dollars on 320 acres of timber land in Klamath County, Oregon, to be paid on or before July 6,1912; one thousand two hundred dollars to be paid on or before December 20, 1912, and other payments, aggregating seventeen thousand dollars, to be paid before June 20, 1917, deferred payments to bear…