Downs

The plaintiff commenced an action against the defendant to recover a judgment. The defendant answered and a trial was had before the court sitting without a jury. The trial court made findings in favor of the defendant and from a judgment entered thereon the plaintiff has appealed and has brought up a typewritten record.

Heretofore, L. D. Hill and F. E. Hill, copartners, owned a tract of land in Kern County known as the Hill Ranch. Later J. T. Hill and J. L. Hill joined L. D. Hill and F. E. Hill forming a larger partnership for the purpose of managing and operating the ranch. During the season of 1923 and 1924 the Hills planted the land to wheat and barley. January 18, 1924, the Hills mortgaged their crops to the defendant and the mortgage was recorded on that date. On February 19, 1924, the owners of the ranch entered into an executory contract, by the terms of which they agreed to exchange their lands in Kern County for lands in the state of Kansas owned by William Wonn. That executory contract was not recorded. On April 15, 1924, the deed by which the Hills conveyed their lands to Wonn was recorded in Kern County. On June 9, 1924, one of the partners, L. D. Hill, signed and…