Stout

This is an appeal by the defendant, Cramer Meat and Packing Company, from the judgment, on the judgment-roll alone.

The complaint was filed by plaintiff to compel the defendants above named to interplead their alleged respective rights to the sum of $400, which was due from plaintiff on a policy of insurance issued by it to the defendant, Martha Stout, and underwritten on a building erected by her on a certain lot situated in Hamilton City, Glenn county, said building having been, after the issuance of said policy, destroyed by fire.

The facts, as adopted from the findings of the court, are these: On the eighteenth day of June, 1906, the Hamilton Land Company and one Joseph Dineen and the defendant, Martha A. Stout, entered into a contract in writing by which the first named agreed to sell said Dineen and Stout, and the latter agreed to purchase, a certain lot situated in said Hamilton City. The purchase price of said lot was $300, of which the sum of $50 was paid on the date of the execution of the agreement, and, by the terms of said instrument, the balance was to be paid in “twenty-five equal monthly installments on or before twenty-five months from date hereof, with interest…