Hawke

Plaintiff Grace Hawke brought this action in ejectment. Defendant answered denying the allegations of the complaint. He also set up affirmatively that plaintiff’s father had for some years prior to the institution of this action been the record owner of the property; that he and defendant had entered into an agreement whereby defendant was to purchase the property; that the deal had gone into escrow, defendant depositing twenty-five dollars and delivering the necessary mortgages, etc.; that pursuant to such agreement defendant entered into possession of the land and at all times since had been in the open and exclusive possession thereof; that thereafter plaintiff’s father repudiated the agreement and attempted to convey the property to plaintiff by recording a deed running to her. The court found in accordance with the allegations of the complaint and, with reference to the affirmative allegations of the answer, found that there was. no agreement between plaintiff’s father and defendant regarding the sale of the property; that defendant did not enter into possession of the property pursuant to any such agreement, and that defendant had merely deposited twenty-five dollars in…