Hannah

Appeal from an order of the superior court of Tulare County denying the defendants’ motion for a change of the place of trial to Alameda County, which is the place of their residence. The motion was denied on the ground that the plaintiff was entitled to a trial in the county of Tulare, where the lands described in the. complaint are situated.

The suit was brought upon a written contract, set out in the complaint, signed by the defendant D. J. Canty, relating to lands therein described, which had been purchased and the-title conveyed to Canty under a prior agreement, upon the terms indicated in the writing between him and the plaintiff. In the written agreement Canty acknowledges and declares, that the plaintiff, his heirs and assigns, is entitled to one half of the selling price, rents, issues, profits, and proceeds of the land in question, after first deducting therefrom certain sums of money paid by Canty in the acquisition,of the land, with interest at the rate of twelve per cent per annum, together with taxes with interest at the same rate; which balanceCanty agrees to divide and pay. The lands, it appears from-the allegations of the complaint, have not been sold and have…