Ciapusci

This is an action to quiet title to certain land in Mendocino county. The cause was tried upon an agreed statement of facts from which it appeared:

That on May 20, 1903, C. D. Robinson was the owner of the land in question; on that day he executed and delivered to Bender Brothers, engaged in the business of buying and selling timber and timber lands, an instrument in writing, hereinafter set out; on September 12, 1903, Bender Brothers sold, assigned and transferred all their rights under said instrument to defendant, J. Ross Clark, by assignment written on said instrument, which, with said assignment was, on September 21, 1903, duly recorded in the office of the county recorder of said county; on October 8, 1904, said Clark “sold, assigned, granted and conveyed to the defendant Empire Construction ComPa:Qy, a corporation, all his right, title and interest in said instrument and in and to the land and timber therein set out, by an assignment in' writing endorsed on said instrument,” which was duly recorded after the commencement of the action. This instrument, with the assignments indorsed, is as follows:

“Gualala, May 20, 1903.

“I, C. D. Robinson, of Gualala, Mend. Co., Calif.,…