Rockhill

Plaintiff filed her complaint in the usual form to quiet title to the southeast quarter of a section of land situated in Imperial County. Defendant Parker filed an answer and cross-complaint whereby he disclaimed any interest in the west half of said quarter section, but alleged that under and by virtue of a contract he claimed the east half thereof adversely .to plaintiff, in whom the legal title was vested, and in effect asked for a decree of specific performance requiring Her to execute a deed conveying the same to him in accordance with her contract so to do. Judgment went for defendant Parker, from which plaintiff appeals.

It appears that Parker (who, as shown by the evidence, is a brother of plaintiff) and his codefendant Cosart, who made default herein, did, on February 19, 1908, enter into a written contract with plaintiff, who was the owner of a quarter section of unimproved desert land, to the effect that defendants should prepare the land, furnish, and at their own expense set out one hundred acres thereof, to be selected by them, in Washington navel orange trees and cultivate the same for three years, paying all water assessments and taxes levied upon said quarter…