Sherwood

The defendants appeal from the judgment herein in favor of plaintiff. Several causes of action are stated in the complaint, but appellants attack but one of them on this appeal.

Relative to such cause of action, the complaint alleges that the parties entered into a contract for the exchange of certain lands owned by them respectively; that at the time of the execution of the contract “the crops of fruit growing upon the real property agreed to be conveyed to the defendants by the plaintiff and his said wife was subject to a crop mortgage in favor of the Producers Fruit Company of California, and it was expressly understood and agreed by and between the parties to said contract and provided in said contract that said real property should be taken subject to a crop mortgage in favor of said Producers Fruit Company of California in the sum of twenty thousand dollars, and in computing and determining the payments to be made under said contract, and at the time said payments were actually made and the instruments of conveyance executed by the plaintiff and his said wife to the defendants, said crop mortgage was computed and estimated at twenty thousand dollars, and said defendants…