Edwards

pro tem. — This is an appeal from a judg ment in favor of respondent quieting its title to eighty shares of the capital stock of Palo Verde Mutual Water Company, a corporation, and from an order overruling defendant’s demurrer.

Plaintiff pleaded and proved that in December, 1913, it sold to P. H. Bodkin, who was at the time podbessed of and claimed title to the west half of the northeast quarter of section eleven, township seven south, range twenty-two east, S. B. B. & M., in Riverside, California, the eighty shares of stock, the title to which is in question, and that such stock was at the same time located on said land. It further appears that coincident with the sale of the shares of stock to P. H. Bodkin the same were by him pledged to plaintiff for a balance of the purchase price thereof, and in addition thereto and at the same time P. H. Bodkin and Bella E. Bodkin, his wife, executed a mortgage of the described premises and delivered it to respondent to secure respondent against loss of the purchase price of the stock; that on July 28, 1921, there remained unpaid and due one thousand dollars of such purchase price, together with interest; that Bodkin and his wife being in…