Haile

Action of ejectment. Judgment went for plaintiff, and defendant appeals from the judgment upon the judgment-roll, which includes a hill of exceptions.

The case was here once before (Haile v. Smith, 113 Cal. 656 ), but nothing was then decided that is controlling or important in the present appeal. It is averred in the complaint that on September 24, 1891, plaintiff was the owner and in possession of the land here involved; that on said day he and defendant entered into a written contract for the sale of the land by the former to the latter for three hundred and fifty dollars—one hundred dollars to be paid at date of contract, one hundred dollars on January 1, 1892, and one hundred and fifty dollars January 1, 1893, which last payment was afterward extended, by wuitten agreement, to January 1, 1894, and plaintiff was to be relieved from his obligations, and defendant was to forfeit all payments already made if he failed to make any payment within sixty days after its maturity; that under the contract and at its date defendant was given and took possession of the land, and has been in possession ever since; that defendant made the first two payments, but has refused and refuses to…