Larson

The plaintiff was given judgment quieting his title to 160 acres of land and “all the trees, timber and wood now growing or lying upon said property.” The defendant has appealed from the judgment.

January 18, 1923, the plaintiff entered into an agreement with Henry and Albert Christenson, by . the terms of which he agreed to sell and they to buy all the timber on the land mentioned, except certain parts thereof reserved by the plaintiff, for $8,500, of which sum $2,000 was paid on the execution off the agreement and the remainder was to be paid in installments of not less than $500 each, payable every six months thereafter. The Christensons were “to clear the timber off of” 80 acres of the land “on or before August 1, 1926, and'the balance of the timber mentioned to be taken off on or before August 1, 1933.” The agreement contained the following:

The Christensons proceeded under the agreement to cut and remove timber from the land and they made prompt payment of all installments as they fell due up to and including January 18, 1928, but no subsequent payments have been made. July 6, '1928, Albert Christenson was adjudged a bankrupt and on the 17th of the same month Henry…