Belden

This action was.brought for the purpose of securing a judgment adjudging that certain money, amounting to the sum of $767, and in the possession of the defendant, Olmsted, is the property of one L. 0. Lowrey, and compelling said Olmsted to pay said sum to plaintiff as part satisfaction of a judgment obtained by plaintiff against said Lowrey prior to the institution of this action.

Plaintiff was awarded judgment, from which and the order denying defendants a new trial these appeals are prosecuted.

The facts are: Said Lowrey became, by an assignment from one of the original lessees, the lessee of certain land situated in Sonoma county. Said lease stipulated for the lease of the land to the lessees for a term of five years, beginning with the date of the execution thereof, viz., the twentieth day of February, 1904.

The land so leased embraced about forty acres, and the lessees bound themselves by the covenants of said lease to plant a certain portion thereof in hops. It was further agreed between the parties that the lessees would, for the purpose of carrying on the business of growing hops, “provide all wires, hop-houses, and appliances reasonably required for the cultivation,…