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Action to enjoin the defendant from entering upon certain lands of the plaintiffs and cutting and removing the redwood and pine timber thereon. The judgment went for the plaintiffs as prayed, and defendant appeals.

The predecessor of the plaintiffs on June 15, 1906, entered into a contract with the Western Redwood Lumber Company, the assignor of the defendant, by which it granted and conveyed to said Lumber Company the redwood and pine timber upon a tract of land known as Mayer’s ranch or tract. Said contract was entered into pursuant to an option previously given fixing the price to be paid, and providing that the timber should be removed by July 1, 1915. Among the provisions of the contract by which the timber was conveyed to the Lumber Company were the following:

In the month of August, 1907, the Western Redwood Lumber Company proceeded to cut and remove the timber, and in a period of three months had -.ut and removed about one-half of the standing timber, at which time it became insolvent and ceased operations, Some three years thereafter the defendant succeeded to the rights, if any at that time existed, under its said grant and contract, hut did nothing toward resuming…