Kiggins

Appellant was and is the owner of approximately 480 acres of land in San Bernardino County. On September 29, 1925, it entered into an executory contract for the sale of this land to Harold Kiggins, the son of E. E. Kiggins, one of the respondents. Two hundred and seventy dollars was paid in cash on account of the purchase price of the property, the balance of which was to be paid in deferred payments, the first falling due on September 29, 1926. The vendee was evidently let into possession of the property. The contract contained the following provision:

On October 10, 1925, respondents executed the following instrument:

Harold Kiggins made no further payments on the purchase price of the property and forfeited his right to purchase it. In April, 1927, and after the forfeiture, appellant discovered that Henry G. Fenton had removed about 41,000 tons of gravel from the property. Appellant thereupon filed suit against respondents for $1,000, the value of the gravel removed.

The complaint alleged: Ownership in appellant, but not the possession of forty acres of the property from which the gravel had been removed; the value of the gravel and damagés in the sum of $1,000 resulting…