Faustino

Action to recover possession of certain personal property.

On August 16, 1927, one W. S. Irwin was the equitable owner of certain hotel premises under an executory contract of purchase from one G-. E McCline. McCline had, prior to said date, executed his note for $7,000 secured by a deed of trust on the property in favor of defendant Faustino. On said sixteenth day of August, plaintiff drilled a well and installed certain joints of well easing and also supplied a pumping unit for use on the land and hotel premises. The price agreed upon for the improvements was the sum of $833.76, payable in installments under the terms of a conditional sales contract between plaintiff and Irwin. Irwin paid $50 of the agreed price for the installation and equipment and then defaulted in payments. Irwin remained in possession for over two years thereafter and until January, 1929, when, by a judgment, McCline, the vendor, repossessed the land and premises. Thereafter on April 1, 1929, McCline sold and by deed conveyed his estate in the land and premises to defendant Faustino, the owner of the deed of trust. Subsequently, and on December 11, 1929, plaintiff in writing demanded of Faustino the return…