Womble

On May 24, 1900, John T. Womble and I. R. Wilbur entered into the following agreement:

The above contract was duly recorded December 8, 1901.

A proper deed was prepared in accordance with said agrees ment and the Stockton Savings Bank was selected as the bank in which said deed should be placed in escrow, and on May 24, 1901, the deed was deposited in said bank with the following agreement or letter of instructions:

I. B. Wilbur paid all of said installments up to and including that of July 10, 1901, but paid no interest and none was demanded. On September 7, 1901, he assigned his interest in the agreement of sale to E. I. Braddock.

Before the suit Womble assigned one-half of his interest in the contract to his wife, Adella Womble.

Womble remained in possession of the agricultural land and Wilbur took possession of the mining grounds.

The action was brought to annul the said agreement of sale and the right to purchase the mining property thereunder. Judgment was that Wilbur was indebted to plaintiff for the sum of $2,150 on account of interest due on said contract and that plaintiff was entitled to recover the $5,625, deposited in bank and that the bank deliver the said…