Moir

Action to quiet title. On January 9, 1904, •one Harvey Rice, as owner, made a contract to sell to defendant Frank Moir certain real estate situate in Los Angeles county, California, the description of which and consideration therefor, as inserted in the contract, being as follows: “Lots No. 19 and 20 of the proposed map of the Rice Tract. Located on the S. W. corner of South Main and Rice Av’s, being 328.61 feet west of Main St. Located on the S. West corner of Rice and Burnett Av’s, being 100 ft. front on Burnett Ave. running back 128.61 ft. west. Said tract of land above described having been sold to said Frank Moir this day for the sum of forty-five hundred dollars, - of the United States of America, the balance to be paid as follows: Two hundred ($200) dollars every 6 months on or before, with interest at 9 per cent per annum, payable at office of Grider & Hamilton, city of Los Angeles.” Moir assigned the contract to his wife, Lizzie Moir.

Rice did not subdivide the property, but thereafter conveyed the entire tract, including the parcels of land sold to Moir, to -the plaintiff, subject, however, to the rights and in terest of Moir under said contract. Upon acquiring the…