Hall

The action is for specific performance of a written contract for. the purchase of a tract of land in Sonoma county. The facts are not disputed and the only question of law presented is, as agreed by counsel, “whether or not the plaintiffs have a present title in fee in the lands involved which they can convey by deed to the defendant. ” It is stipulated that on the twentieth day of April, 1883, W. S. M. Wright was the owner in fee of the premises, and on that day he executed a deed thereof to Mrs. M. 0. Hall “for the natural life of the said party of the second part, and then to the heirs of her body begotten forever.’’ On said date Mrs. Hall had five living children, two of whom have since died and two other children have since been born. The interests, if any, of the deceased children have been distributed to Mrs. Hall, and she and all the living children have joined in the deed which has been tendered to appellant. One of the said children is a minor, and Mrs. Hall has been appointed the guardian of his person and estate, and by an order of the superior court she has been authorized and directed to sell the minor’s interest in the property.

Appellant states his case…