Aimo

The plaintiff began this action to recover of and from the Glenn County Title Oompany the sum of $1,000 theretofore deposited with ' said Title Company by James H. Mitchell pursuant to a certain agreement or contract for the sale of real estate, and also for a judgment to the effect that the defendants Aimo have no title or claim to said $1,000.

'The record shows that on or about the seventh day of October, 1929, James H. Mitchell, now deceased, entered into a contract for the purchase of a certain tract of land then owned by the defendants Aimo. This contract, so far as pertinent here, contained the following provisions:

The cause was tried upon an agreed statement of facts, six of which we set forth in full herein, as follows :

In addition to which the statement of facts shows that the executrix of the estate of James H. Mitchell, deceased, published notice to creditors to present their claims as required by law, and that the time for presenting claims expired on the first day of September, 1930, and that no claim was ever presented by the defendants Aimo, or either of them, to the executrix of said estate, for said sum of $1,000. It was further agreed that the Glenn County…